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Zenith Roof Quotes is a platform (the “Platform”) that facilitates roof takeoffs for businesses in the roofing industry by providing them with access to aerial images of properties and other features to assist in preparing quotes, obtaining material and labour estimates, and tracking projects (the “Services”). The Services are accessible at zenithquotes.ca and any other websites through which we make the Services available from time to time (collectively, the “Website”) and as applications for mobile, tablet, and other smart devices and application program interfaces (collectively, the “Application”).
If you agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
1. Terms of Service Subject to Change
These Terms are subject to change without notice. By continuing to use or access the Website, Application, or Services, you agree to be bound by any such changes. Unless explicitly stated otherwise, any new features or functionality that augment or enhance the Website, Application, or Services will be subject to these Terms.
2. The Services
By using the Website, Application, and Services, you understand and acknowledge that we do not provide any roofing services. Unless explicitly specified otherwise, our responsibilities are limited to facilitating the availability of the Website, Application, and Services.
We are not a party to any agreements entered into between our Users (as defined below) and their respective customers nor are we a broker, agent, or insurer. We have no control over the conduct of Users and disclaim all liability in this regard to the maximum extent permitted by law.
The Website, Application, and Services are intended for use by businesses in the roofing industry and not for consumer purposes. By registering for an Account, you represent and warrant that you are a professional roofing contractor or otherwise operate a business in the roofing industry. If you are a consumer, you do not have the right to access or use the Website, Application, or Services.
3. Google Maps
The Platform uses the Google Maps API from Google Inc. and services from Google Maps. In order to use the Platform, you must accept the Google Terms (as defined below):GOOGLE TERMS OF SERVICE
(collectively, the “Google Terms”)
If you use or access the Website, Application, or Services, you are indicating that you have read, understand, and agree to comply with and be legally bound by the Google Terms. If you do not accept the Google Terms, including all limitations and restrictions therein, as may be updated by Google Inc. from time to time, then you do not have the right to access or use the Website, Application, or Services.
We make no representations or warranties of any kind, express or implied, that any content provided by, or information obtained from, Google Maps is or remains complete, accurate, up-to-date, available, free from bugs, errors or omissions, or fit or suitable for any purpose. Any reliance you place on such information is strictly at your own risk.
4. Account Registration
In order to access the Services, you must become a registered user (“User”) by creating an account (“Account“) on the Platform and subscribing to the Services. If you choose to create an Account, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of Canada or other applicable jurisdictions. You also agree to:
If you provide any information that is, or we have reason to suspect is, untrue, inaccurate, not current, incomplete, or otherwise in violation of these Terms, we have the right to suspend or terminate your Account and refuse any and all current or future use of the Services.
You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party. Unless expressly authorized by a specific feature on the Platform, you are not permitted to share your Account with anyone or allow others to access or use your Account. You must immediately notify us of any unauthorized use of your Account.
We may charge certain fees to Users in consideration for use of the Platform (“Subscription Fees”) and the Subscription Fees may include a certain number of roof takeoffs. We may charge certain additional fees to Users, on a per use basis, for additional roof takeoffs not included in the Subscription Fees (“Additional Fees”).
We reserve the right to change the Subscription Fees or the Additional Fees and initiate any new fees in connection with the Website, Application, or Services (collectively, the “Fees”) at any time. More information about our Fees can be found on our website. Unless otherwise stated, all Fees are displayed in Canadian Dollars and do not include applicable taxes.
By subscribing to the Services, you agree to pay us the Fees and any applicable taxes that have been applied to your Account in accordance with these Terms.
In order to access the Services and certain features of your Account, you must have a valid payment method linked to your Account. We will charge the Fees to your payment method on file upon the expiration of any applicable free trial period, and thereafter in advance every month.
We reserve the right to change our Fees without notice. Your continued use of the Services will constitute your agreement to such changes.
If the payment method linked to your Account fails or your Account becomes past due for any reason, we may suspend or terminate your Account and refuse any and all current or future use of the Services until full payment is made.
Payment of the Fees is not a promise or guarantee of any particular result or return. You understand and agree that you are solely responsible for attracting, closing, and retaining customers, and for confirming all measurements and specifications obtained using our Platform. While the Services are intended to simplify the process of creating a roof takeoff and preparing a quote for your customers, we do not guarantee any minimum number of closed transactions.
If you cancel your subscription to the Services prior to the expiration of any free trial period, you will not be charged any Fees. If you cancel your subscription to the Services after the expiration of any free trial period, you will continue to have access to the Services through the end of your then-current billing period, but you will not be entitled to a refund or credit for any Fees already due or paid.
7. Ownership of Content
All material on the Website and Application, any related registered domains and subdomains, and any other digital medium owned or operated by us, including the design, layout, videos, audio, text, photographs, graphics, interfaces, computer code, appearance, trademarks, and logos used therein as well as individual articles, blogs, videos, photographs, and other content or elements comprising the Website and Application (collectively, the “Protected Material”) are copyrighted works and are owned or licensed by us, unless otherwise specified.
Reproduction of the Protected Material, or any part thereof, is prohibited except with our written consent or in accordance with applicable laws and we (subject to the rights of our licensors and licensees under applicable agreements, understandings, and arrangements) maintain all rights related to the Protected Material.
8. Your Representations and Warranties
By submitting, posting, uploading, or transmitting content on or through the Website, Application, or Services in any format including comments, images, photographs, graphics, texts, videos, audio, appearance, trademarks, or logos used therein (collectively, the “User Content”), you represent and warrant that you own or have the necessary licences, rights, consents, and permissions to use and authorize us to use such User Content in the manner contemplated by us and these Terms.
You agree not to submit or use any inappropriate content in relation to the Website, Application, or Services. In furtherance of the above, you agree that you will not:
9. Responsibility for Content, Actions, and Compliance with Laws
You acknowledge and agree that you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who represent you, whether as an employee, contractor, agent, or in another capacity.
You are responsible for complying with all applicable laws and regulations, including intellectual property laws, housing laws and regulations, health and safety laws, regulations, and standards, building codes and standards, and bylaws and other municipal regulations when you use the Website, Application, and Services. You will be solely responsible for the breach of any laws in association with your use of the Website, Application, and Services.
You understand and agree that we do not act as an employer, insurer, or agent of any User. We do not have any control over the conduct of any User and will not be liable, in any way for any acts or omissions of any User. We do not make any guarantees with respect to the suitability of the Services for your purposes.
You agree that you will have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary or other right in User Content submitted by you. You assume all liability for any claims, suits, or grievances filed against you, including all damages related to your submitted User Content and your participation on and through the Website, Application, and Services.
10. Prohibited Activities
Users are prohibited from requesting, offering, negotiating, or engaging in any activities through the Website or Application that:
11. Licence of Your Content
By making available any User Content on or through the Website, Application, or Services, or through Zenith promotional campaigns, you grant, or warrant that the owner of such materials expressly grants, us and our affiliates and licensors a world-wide, perpetual, royalty-free, irrevocable, and non-exclusive right and license to use, authorize use of, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed, and to use such content for promotional and marketing purposes. In addition, you warrant that all moral rights in such materials have been waived.
We do not have to compensate you for our use of any User Content. We reserve the right to edit in whole or in part, remove, or not publish any User Content without prior notice.
12. Use of Software
Any software that is made available to you on or through the Website or Application is deemed to be licensed to you from us on a non-exclusive and non-transferable basis and solely for your use in connection with the Website, Application, and Services. We retain ownership and intellectual property rights of any such software, unless otherwise indicated. You are prohibited from selling, distributing, reproducing, decompiling, reverse-engineering, or otherwise using any software on the Website or Application, except for the use contemplated by these Terms.
The information contained in the Website and Application is for general information purposes only. While we make reasonable efforts to include accurate and up-to-date information on the Website and Application, we make no representations or warranties of any kind, express or implied, that any content is or remains complete, accurate, up-to-date, available, free from bugs, errors or omissions, or fit or suitable for any purpose. Any reliance you place on such information is strictly at your own risk. None of the information on the Website or Application is to be taken as advice of any kind.
The Services are made available to you on an “as is” basis. We expressly deny any and all warranties and representations, express or implied, regarding the Services. For greater certainty, we do not represent nor warrant that the use of the Services will satisfy your purposes. It will be your own responsibility to ensure that the Services available through the Website and Application meet your specific requirements.
While we make reasonable efforts to ensure that the Website and Application are available, we do not represent, warrant, or guarantee in any way the Website or Application’s continued availability at all times or uninterrupted use by you of the Website, Application, or Services. It is our right to make the Website, Application, or Services unavailable from time to time, solely at our discretion.
14. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT WILL ZENITH ROOF QUOTES INC. OR ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, OR AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES, OR OTHER LIABILITIES, WHETHER BASED ON BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR APPLICATION, THE UNAVAILABILITY OF THE SERVICES, OR ANY ERRORS OR INACCURACIES IN ANY CONTENT OR THE WEBSITE, APPLICATION, OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, THE TOTAL LIABILITY OF ZENITH ROOF QUOTES INC. IS LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR USE OF THE WEBSITE, APPLICATION, AND SERVICES, DURING THE THREE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.
15. Third Party Websites
From time to time, the Website or Application may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). You agree that we will not be liable in any way, either directly or indirectly, for any loss or damage of any kind incurred as a result of, or in connection with the use of or reliance on any content, goods, or services available through such third parties.
16. International Use
We make no representations or warranties that materials on the Website or Application are appropriate or available for use in locations outside Canada. If you access the Website, Application, or Services from other locations, you agree that you are doing so on your own initiative and that you are wholly responsible for compliance with local laws.
17. Changes to the Services
In connection with any subscription to Services from the Website or Application, we do not make any promise regarding the continuation of any current features or functionality or delivery of any future functionality or features. We have the right to change any of the features on, or the services being offered through, the Website and Application.
18. Discontinuation or Suspension of Website, Application, or Services
We reserve the right at any time and from time to time to modify, suspend, or discontinue, temporarily or permanently, the Website, Application, or Services, or any part thereof, with or without notice and in our sole discretion. You agree that we will not be liable to you or any third party for any such modification, suspension, or discontinuance of the Website, Application, or Services.
19. Termination, Unauthorized Use
In the event that you breach these Terms, we have the right to terminate your access to the Website, Application, and Services, to delete any User Content, and to disclose any of your information as necessary. Unauthorized use of the Website, Application, or Services may give rise to a claim for damages and/or result in you being held liable for a criminal offence in a court of law.
In addition, we reserve the right to terminate your access to our Website, Application, and Services for any reason, and to take any other actions that we, in our sole discretion, believe to be in the interest of us or our users as a whole.
You agree to indemnify and hold harmless Zenith Roof Quotes Inc. and its affiliates, and their respective directors, officers, shareholders, employees, contractors, and agents, from and against all losses, expenses, damages, and costs, including reasonable lawyers’ fees, resulting from your acts, omissions, access to or use of the Website, Application, or Services, your violation of these Terms, your breach of your representations and warranties hereunder, or your violation, or violation by any other user under your name, of any applicable laws or regulations or the legal rights of any person or entity in relation to your use of the Website, Application, or Services. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification, in our sole discretion. In such event, you must provide us with such cooperation as is reasonably requested by us.
These Terms do not create a joint venture, partnership, employment, or agency relationship between us and you. If you choose to create an Account on the Platform, you understand and agree that:
The headings used in these Terms are inserted for convenience of reference only and will not affect the construction or meaning of any of the provisions contained in these Terms or govern the rights or liabilities of any of the parties subject to these Terms.
In these Terms, words importing the singular number include the plural and vice versa. The term “including” means “including, without limiting the generality of the foregoing”.
The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision of these Terms and any such invalid or unenforceable provision will be deemed to be severable.
No waiver of any breach of any provision of these Terms will constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions of these Terms, and no waiver will be effective unless made in writing and signed by the waiving party.
We have the right to assign these Terms in relation to a merger, acquisition, corporate reorganization, by operation of law or otherwise.
The laws of the Province of British Columbia, Canada and the federal laws of Canada applicable therein govern these Terms and any dispute of any sort that might arise between you and us. Except as otherwise provided in these Terms, you agree that any claim, whether at law or equity, arising out of or related to the provision of Services by us, regardless of the date or location of accrual of such dispute, will be within the exclusive jurisdiction of the courts of British Columbia, Canada.
If you have any questions or concerns about our Terms, please contact us in writing at email@example.com.
Zenith Roof Quotes is an online platform that facilitates roof takeoffs for businesses in the roofing industry by providing them with access to aerial images of properties and other features to assist in preparing quotes, obtaining material and labour estimates, and tracking projects (the “Services”). The Services are accessible at zenithquotes.ca and any other websites through which we make the Services available from time to time (collectively, the “Website”) and as applications for mobile, tablet, and other smart devices and application program interfaces (collectively, the “Application”). The Website, Application, and Services are owned and operated by Zenith Roof Quotes Inc. (“us”, “we”, “our”).
1. Definition of Personal Information
Personal information is defined as information that can identify an individual and information about an identifiable individual, which means a person can be identified by the information either directly or in combination with other information.
2. Collection of Personal Information
We collect and process your personal information only when we have a lawful basis to do so. Lawful bases include your consent, the fulfillment of our contractual rights or obligations, complying with applicable law, and the legitimate interests of us or third parties (provided that processing your data for a legitimate interest does not outweigh your rights and freedoms).
Examples of a legitimate interest include: (a) analyzing user data to maintain and improve the Website, Application, or Services for all users; (b) providing you with access to our Website, Application, and Services; (c) providing you with up-to-date information about new features of our Website, Application, or Services; and (d) engaging third-party providers to deliver certain features of the Website, Application, or Services. You may withdraw your consent or object to a legitimate interest at any time by contacting us at the email address provided below.
We collect, process, and retain personal information from you and any devices (including mobile devices) you use when you access our Website, Application, or Services; register for an Account; provide us information on a web form; update or add information to your Account; or when you otherwise correspond with us.
Personal information that we may collect may include:
3. Use of Personal Information
We use the personal information we collect to:
4. Security and Retention of Personal Information
We retain your personal information as long as it is necessary and relevant for our operations. In addition, we may retain your personal information, including information from closed Accounts, to comply with applicable laws, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigation, enforce our Terms of Service, or take other actions permitted or required by applicable laws. After it is no longer necessary for us to retain your personal information, as determined by us in our sole discretion in accordance with applicable laws, we dispose of it in a secure manner according to our data retention and deletion policies.
Notwithstanding the above, we do not store your financial or billing information. When you submit your credit card information to us, it is transmitted directly to our payment processor, Stripe, which is a PCI DSS compliant Level 1 Service Provider.
In recognition of our legal obligations to protect your personal information, we have made arrangements to protect against unauthorized access, collection, use, disclosure, copying, modification, disposal, or destruction of personal information.
5. Location of Servers
We may create, maintain, and archive information on servers that are not located on our immediate premises and are located in Canada or the USA, where the laws may be deemed by other countries to have inadequate data protection. Please be advised that a foreign government may be able to access data relating to your use of the Website, Application, and Services, including your personal information, for lawful access purposes. If you are located outside of Canada or the USA and you continue to use the Website, Application, or Services, you consent and continue to consent to us creating, maintaining, and archiving information on servers located on a third party’s premises within Canada and in the USA. We have agreements in place with our affiliates and contractors that include standard contractual clauses to protect your rights with respect to your data.
The Website, Application, and Services are intended for general audiences and are not directed to individuals under 19 (“Minors”). We do not knowingly collect personal information from Minors. If you are a Minor, please do not use the Website, Application, or Services or submit any personal information through the Website or Application. If you have reason to believe that a Minor has provided their personal information to us, please contact us at the email address provided below, and we will delete that information.
7. Disclosure of Personal Information
We do not disclose your personal information to third parties for their marketing and advertising purposes without your explicit consent. There are, however, certain circumstances in which we may share your personal information with certain third parties without further notice to you. This disclosure may be required for us to provide you access to our Services, to comply with our legal obligations, to enforce our Terms of Service, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services. These circumstances include, but are not limited to:
8. Consent for Collection, Use, and Disclosure
10. Third Party Services
11. Withdraw Consent
We only send promotional and marketing communications with your consent. If you no longer wish to receive these or other communications from us, please send us an email at the email address provided below. You can also stop receiving newsletter email communications from us by clicking on the “unsubscribe” link provided in such communications.
12. Requests to Access, Correct, or Delete
We take steps to ensure that the personal information we collect is accurate and up to date, and that you have the ability to access and make corrections to it. You can view and change your personal information by signing in to your Account. Please update your personal information immediately if it changes or is inaccurate.
Upon your request, we will close your Account and remove your personal information from view as soon as reasonably possible, based on your Account activity and in accordance with applicable laws.
Depending on the law that applies where you live, you may have additional rights, such as the right to request that we send your information to another organization of your choice (where technically feasible).
13. Improper Collection and Misuse of Personal Information
Please report any improper collection or misuse of personal information provided on the Website or Application to us at the email address provided below. Depending on the law where you live, you may also have the right to file a complaint with your local data protection authority.