TERMS AND CONDITIONS OF USE
This website is made available to you and its use is subject to the conditions of use that are described in this document (the “Conditions of use”). By accessing this Website, you agree to submit to the Conditions of use, to the instructions and to the rules that are mentioned in this agreement. If you do not wish to accept these conditions, do not use this Website.
This contract defines the conditions that apply to the act of using this website, completed by any potential user. By using this Website, the user pledges to respect all the aforementioned conditions. The right to use this Website is personal to each user and is not transferable to another person or entity. Each user is responsible for the protection of the confidentiality relating to the personal information that they provide to the Website. Each user recognizes that, although the internet is often a safe environment, service interruptions or events that are out of XpertSource.com’s control do happen and that XpertSource.com is not responsible for any data lost during the transmission of information over the Internet. Although the goal of XpertSource.com is that the website is available 24 hours a day and seven days a week, the website may be unavailable at certain times, for any possible reason, including, but not limited to, routine maintenance. You understand and recognize that owing to circumstances that are both within and out of the control of XpertSource.com, access to the Website could be interrupted, suspended or rescinded from time to time.
At any moment in time, XpertSource.com has the right to modify or interrupt any aspect or characteristic relating to the Website, including, but not limited to, the content, the hours of availability and the equipment used to access and use the Website. Moreover, XpertSource.com may interrupt the transmission of any part of the data.
In order to conclude an enforceable contract, you hereby declare that you are of required legal age. You must be at least 18 years old to have the right to use this Website. However, if you are at least 13 years old, but not 18 yet, you can use this website if accompanied by a parent or a tutor that accepts the present contract. Use of this Website is forbidden for people under 13 years old.
- Modified conditions
- Website conduct for users
This Website and all individual Websites or sites that are specific to professionals that are currently found or will hereafter be found on our Website (known as “Microsites” or that are available through external hyperlinks are all private properties. Each and every interaction on this Website and/or on the Microsites must conform to these Conditions of use. Although we accept and encourage user interactions on our Website, we require and insist that all users refrain from any activity that is related to the use of this Website and the Microsites, for legitimate and legal purposes only.
Through this Website, users must not publish or transmit any material that violates or infringes in any way or matter the rights of others or any material that is illegal, includes threatening speech or verbal abuse, that is libelous or disrespectful to the private life of a person or of any publicity rights, that is vulgar, obscene or otherwise reprehensible, that promotes a mode of conduct which would constitute a criminal infraction, which would give way to a civil liability or would otherwise violate a law or that, without the previous written consent of XpertSource.com, contains any form of publicity or any solicitation of products or services. Any conduct, on the part of the User, which, at the exclusive discretion of XpertSource.com, limits or blocks any other User from using or visiting the Website and/or the Microsites to advertise or make any commercial, religious, political or non-commercial solicitations, including, but not limited to, soliciting the users of this Website and/or the Microsites to become users of online or offline services which are directly or indirectly competing with XpertSource.com
- Disclaimer of Warranties
Any user accepts that using this Website and its Microsites is done at the sole risk of the user. Nor XpertSource.com, nor its affiliates, nor any of their leaders, directors, employees or respective agents will guarantee that the usage of this website will be done without any interruptions or errors; they make no guarantee concerning the (i) results that can be obtained by using this Website or any of its Microsites or (ii) the precision, reliability or the contents of the information or services provided by this Website or the Microsites.
This Website and the Microsites are offered, “As is” and according to their availability. XpertSource.com rejects all representations, guarantees, and conditions, explicit or implicit, including, but not limited to, those relating to the titles, non-infringement, merchantability and adaptation to a particular usage.
- Limitation of responsibility
In no case can XpertSource.com be held responsible for damage that is incidental, consequential, special or punitive stemming from this contract. In no case can the responsibility of XpertSource.com, concerning a service request, exceed the amounts paid by the user to XpertSource.com for a service request coming from said user and the overall responsibility stemming from or related to this service request must not exceed the amounts paid to XpertSource.com by any user, during the six months preceding the moment when a complaint is filed.
In no case can XpertSource.com be held responsible for damage that is incidental, consequential, special or punitive, stemming from or related to services offered by a contractor who is a part of XpertSource.com’s network of contractors. Although we rigorously examine the professional title and general qualifications of all the contractors that are a part of our network, we make no representation and offer no guarantees concerning the qualifications and the service quality offered by contractors from our network, who you will hire following a service request. It is fully up to the Website user and the contractor (from our network) who you will hire to execute a service request, to write up a service contract and to agree on the terms and conditions of the project and its completion. In no case do we guarantee the contractor’s efficiency, nor the quality or the final result of the requested work, in accordance with the service offer.
XpertSource.com reserves the right, but not the obligation, to monitor the usage of the Website and all the Microsites, at all moments in order to determine the conformity of this Contract and all the usage rules as established by XpertSource.com, as well as to satisfy any law, rule or authorized government request.
- License grant
By publishing communications on or by means of this Website or any Microsite, each user grants XpertSource.com a licence that is free, perpetual, irrevocable and non-exclusive, which entails that XpertSource.com can use, reproduce, modify, publish, edit translate, distribute, execute and display the communication, alone or as part of other, work under any form, any media or any known technology that has been developed before, without territorial or time limitations, and to assign any such rights to several levels of license holders.
- Compensation/ Release
All users agree to defend, compensate and exonerate XpertSource.com, its affiliates and its administrators, leaders, employees and respective agents from any and all claims and expenses, including the legal fees resulting from or related to services offered by a contractor from XpertSource.com’s network following a service request on the Website by any user, in connection with the Website or the Microsites.
Each user is responsible for the interactions with the contractors that are a part of XpertSource.com’s network. To the extent that is permitted by current laws, each user releases from any claim or responsibility related to any product or service offered by a Merchant, any action or inaction by a contractor from ’s network, including the inability on the Merchant’s part, to comply with legislation that is currently in effect and/or the inability to comply with the terms of a service offer.
As a part of the previous release, each user declines any provision in the Civil Code of Quebec that declines the generality of the exemption from liability, as stipulated in this article.
- Names and information
All the rights regarding the name of XpertSource.com are expressly reserved to 10836826 CANADA INC. Unless otherwise specified, all the names that appear on XpertSource.com are the property of their respective owners.
All the content and information that is put online on the XpertSource.com website, including, but not limited to, the contractor profiles, the information relating to their selection and the evaluations and comments concerning them (including the evaluations made by any user about our professionals, or any other content published on the Website by a user) is the exclusive property of XpertSource.com
Each user agrees that they will not reproduce, publish or use in any way or form the content, in any other way than for your personal, use pertaining to your service request. Moreover, each user recognizes that a failure to comply with the above may cause severe damages and, if such is the case, each user accepts to be held responsible and to compensate XpertSource.com for any loss and/or damage that XpertSource.com could sustain.
The permission to use documents (such as press releases, data sheets, content, elements of information and FAQs (Frequently Asked Questions) originating from XpertSource.com is granted to any user but only on the condition that (1) the copyright symbol of this notice appears on all the copies, that (2) the documents originating from the XpertSource.com Website be strictly intended for informational and personal use and not for commercial use and the content will not be copied or posted on other network computers or released in the media, and that (3) no modifications be brought to the documents.
Distribution of all the documents on the Website requires the express written permission on the part of XpertSource.com. XpertSource.com does not do any representations regarding the accuracy or the reliability of the information contained in the documents and graphs with which they are related, and published on this website.
All the documents and graphs that are associated with said documents are presented “As is” with no guarantees. All documents and graphs that are associated with said documents published on the XpertSource.com website may contain technical inaccuracies or typographical errors. Changes are periodically made to the information contained in the documents in question. XpertSource.com or its suppliers may at any moment make improvements or changes on the products or services described above.
- Third-party content
XpertSource.com contains links towards third-party websites managed by suppliers that supply other content. These links are provided only as a matter of convenience for you and not as an approval on XpertSource.com’s part for the content of said third-party websites and XpertSource.com excludes any guarantee concerning the content or the accuracy of the material on these third-party websites. If the user decides to access these third-party websites, they do so at their own risk, Unless you have signed a written contract with XpertSource.com specifically allowing you to do so, you may not provide a hypertext link towards the Website or Microsites from other websites. At any moment, XpertSource.com reserves the right to revoke its consent to any link, at their own discretion.
This contract, including the sales conditions as stipulated below (which are incorporated in this agreement) and the operating rules of XpertSource.com as established by XpertSource.com, make up the full contract between parties regarding the subjects covered in this document. If one of the parties hereafter forfeits to any violation or flaw, this does not constitute a renunciation to any breach or previous or subsequent defects. The titles used for the sections in this contract are for reference only and do not have any weight or legal effect. If one of the provisions in this contract is deemed invalid by a court of competent jurisdiction, this decision must not affect the legal enforceability of any other provision contained in this Contract and the remaining portions of this Contract will remain fully in effect. If one of the parties fails to exercise their rights under the terms of this Contract, this cannot be considered as a renunciation or a forfeiture of said rights or any other right described below.
- Mediation and arbitration
By using this website, each user accepts that: (1) any claim, litigation or dispute that any user may have against XpertSource.com resulting from, concerning or relating in any way to this Contract, this Website or any Microsite where the service request must be settled exclusively in the following way:
- through mediation; in the absence of an agreement;
- The parties agree that any claim stemming from the aforementioned Contract that are the subject of a dispute or any disagreement concerning the execution or the interpretation of said clauses and provisions, excluding a claim qualifying as a “small claim” by virtue of the Code of Civil Procedure of Quebec (hereafter known as “legal dispute”) can, by virtue of the party having a legal dispute to assert and without possibility of contesting for the other party, be subjected to arbitration, this, excluding the ordinary courts, in accordance with the following procedure. The audition of the parties taking part in the legal dispute must be held in the sixty (60) days following the receipt of the notice of arbitration, in a place that is located inside the judicial district of Montreal. The arbitrator’s decision must be given in writing to the parties no later than twenty (20) days after the audition of the parties. Any decision thus delivered is final and indisputable and as soon as it is homologated by the court, enforceable towards the present parties. Arbitration costs will be borne by the unsuccessful party, unless the arbitrator decides otherwise. The parties hereto agree that the provisions that are currently in effect in articles 940 to 947.4 of the Code of Civil procedure of Quebec act as supplementary provisions for any arbitration that has to be held under the provisions of this section. If there is any contradiction between one or another of the provisions included in this section and the above-mentioned provisions stemming from the Code of Civil procedure of Quebec, the provisions that are described in this section take precedence. For the purposes of this arbitration, in compliance with this section of the contract, the sole arbitrator has all the powers of a common court, except those that are exclusively limited to this type of tribunal, including the powers prescribed in Article 241 of the Canada Business Corporations Act, regardless of the fact that the legal entity implicated in the situation be of federal or provincial jurisdiction.
Once you have filled in your personal information sheet and your service request, in which you describe the type of service you need, we will transmit this information to qualified professionals in your area, who are specialized in the type of work that you wish to carry out inside the country of Canada. Professionals that are interested, if applicable, will contact you directly to present their prices.
However, we cannot guarantee that you will find a professional to carry out the type of project that you are considering or that the professional who work in your area offer these services.
XpertSource.com does not recommend or prefer the services of any one of our professionals. We are only looking to offer a range of services in order to accommodate your specific needs. XpertSource.com does not work as a representative for these professionals.
- INFORMATION DISCLOSED DURING A SERVICE REQUEST
By using the services of XpertSource.com, during a service request, the user will have to share some personal information as well as information concerning their needs. All website users share this information with professionals that are a part of the network. Some of this information will be sent to the professionals, who will use it to contact the user and to offer a price, or to any other person or group that is connected with XpertSource.com in order to follow through with your service request. By sending us this information and your service request, any user formally consents to be contacted by XpertSource.com or by professionals in our network and this, by phone, by fax, by email, by mail or by any other reasonable means of communications, using the phone numbers and addresses that the user has provided in their service request. In doing so, we can offer a better follow-up for the services that we offer on our Website, tackle any question pertaining to your account or any other reasonable subject relating to your service request.
If the information submitted by the user, is fully or partly inaccurate, not up-to-date, false or incomplete or that XpertSource.com has any reasonable grounds to believe that said information is inaccurate, not up-to-date, false or incomplete, XpertSource.com reserves the right to refuse to follow through with the service request and to refuse website access, both at the present moment and in the future, as well as access to its services or parts of its services following this type of request as completed by any user. Each user is responsible for the use of XpertSource.com’s online services that they or any other person would intentionally make through their account.
- PERSONAL USE BY USERS
Each user recognizes and accepts that the services offered by XpertSource.com are exclusively dedicated to your personal use and that you cannot use them for commercial purposes.
- WEBSITE ACCESS SUSPENSION
XpertSource.com reserves the exclusive right to revoke access to the Website for any user, at any time. All information concerning the professionals that are a part of our network is confidential and intended only for personal use on the part of the user. XpertSource.com reserves the exclusive right to suspend Website access to any user, without prior notice.
- FALSE INFORMATION
Each user that provides information that is false, including name, phone number, address and email address, which end up causing losses and/or damages to XpertSource.com, to the professionals that are members of its network and to any other user, will be subject to legal action and damage claims on behalf of XpertSource.com.
- PROFESSIONAL'S SELECTION CRITERIA
XpertSource.com uses the following selection criteria when new professionals wish to become members of the XpertSource.com network:
Insurance: At the time of subscription, XpertSource.com checks if the professional is covered by a general liability insurance policy, by relying on the information that is provided by the professional. We do not verify this information.
XpertSource.com does not check insurance coverage for professionals that operate in fields which do not require this type of coverage, including but not limited to, building inspectors, appraisers, architects, engineers, consultants, fireplace maintenance workers, designers, manufactured cabinet makers, license issuers, disability insurance brokers, alarm system installers, toxic material inspectors.
Civil code violations – XpertSource.com does research to find out if any important civil actions have been taken against this company in the three years preceding their inscription to the XpertSource.com’s network and if they have lost their cases using the following website: https://www.canlii.org/en/.
Contractor information: XpertSource.com engages no responsibility with regards to updating professionals profiles for professionals that are members of its network. XpertSource.com tries to keep the professional's information on the website up-to-date, following information requests, and to modify them if necessary. XpertSource.com suggests that each user check the information of the professionals that they choose before they sign a contract following a service request, in line with the present terms and conditions. XpertSource.com rejects any responsibility and makes no guarantees regarding the selection process, the selection criteria, the information that is received or presented during the selection process or the sharing of said information. XpertSource.com is also not responsible for making sure that the selection and verification process is sufficient or that the information received during the selection process and the verification is accurate, up-to-date and error-free.