Terms & Conditions
Tryangle Mechanical General Terms and Conditions of Use
Thank you for your interest in the Tryangle Mechanical website (the “Website”). Please read carefully these Terms and Conditions of use (the “Terms and Conditions”) before using the website and/or the services offered therein (the “services”).
Throughout these Terms and Conditions “you” and “your” refer to a customer or website visitor. “we”, us” and “our” refer to Tryangle Mechanical Ltd. (“Tryangle Mechanical”) and “services” refers to all services provided by us through the website.
By using the website and/or the services, you agree to comply with all of the Terms and Conditions set out below. These Terms and Conditions are a legal contract between you and Tryangle Mechanical. By clicking on the “i agree” button on the registration page, or by using the website or the related services, you agree that you have read and understand these Terms and Conditions and agree to be bound by them. If you do not agree to these Terms and Conditions, do not click the “I Agree” button and do not use or otherwise access the website.
1. Website Use
1.1. You agree to use the Website and the Services offered through it for your own personal use in connection with your business. You may not exploit any of the content on the Website for any other commercial purpose, unless upon Tryangle Mechanical’s consent. By using the Website you further represent to Tryangle Mechanical that you will not use the Website and/or the Services for any purpose that is unlawful or prohibited by law or by these Terms and Conditions. If you violate these Terms and Conditions, Tryangle Mechanical reserves the right to prohibit you from using the Website and/or any of the Services.
1.2. From time to time, we may establish policies, rules and limits (together, the “Policies”) concerning use of the Website and/or Services and Your use of the Services will be subject to these Policies. We may also change the Policies and the changes will become effective upon posting of the modified Policies on the Website. We also reserve the right to waive or modify any of these Terms and Conditions as they apply to a specific Website user without affecting the application of these terms to all other users. Your continued use of the Website or any materials or services accessible through it, after such time means you accept the modifications. In addition, when using certain Services, you may be subject to additional terms (which may be posted from time to time) applicable to such Services and which are incorporated by reference into these Terms and Conditions.
1.3. Tryangle Mechanical reserves the right to, at any time and from time to time, modify or discontinue, temporarily or permanently, the Website (or any part thereof) or the Services. Tryangle Mechanical will not be liable for any such modification, suspension or discontinuance except as expressly provided herein.
2.1. The website offers various commercial services, such as, but not limited to, information technology services, human resources advisory services (the “services”). Additionally, as part of certain services offered through the website, Tryangle Mechanical may provide you with certain equipment, subject to additional and specific Terms and Conditions. Certain services available through the website may be subject to additional Terms and Conditions.
2.3. The Website may contain third party services (“Third Party Services”), including, without limitation, products, articles, offers and promotions. The Third Party Services are not provided by Tryangle Mechanical. If you decide to use Third Party Services, you shall review and understand the respective Terms and Conditions governing any Third Party Services. You agree that the third party, and not Tryangle Mechanical, is responsible for the performance of the Third Party Services. The Website may also contain or reference links to third party websites and are provided to you as a convenience only. The inclusion of any link is not and does not necessarily imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by Tryangle Mechanical of any information or services contained in any third party website. Tryangle Mechanical will not be responsible for the information contained in such third party website or for your use of or inability to use such website. Access to any other website is at your own risk and subject to the respective Terms and Conditions.
3.1. The website is proprietary to Tryangle Mechanical and/or its affiliated entities and is protected by applicable intellectual property laws of Canada, the United States and international treaties. Unless otherwise authorized by Tryangle Mechanical, you may not download (other than page caching), or modify any portion of the website.
3.2. Subject to these Terms and Conditions, Tryangle Mechanical allows users, including you, to publish postings on the website (the “postings”). Postings shall mean, but is not limited to, any communication, content, texts, links, documents, images, opinions, software, data, and any other information you provide on the website, including, without limitation, textual or graphic contributions to message boards, chats, discussion forums, blogs, podcasts or otherwise.
3.3. Postings and third party content available on the Website are, in each case, the copyrighted work of the respective third party user of the Website or third party. Tryangle Mechanical has no responsibility over your Postings. You are fully and solely responsible for the Postings you submit to the Website. You are responsible for you Posting’s legality, reliability, appropriateness, originality and copyright. By submitting any Posting to the Website, including, without limitation, any Posting containing images, photographs, pictures or that are otherwise graphical in whole or in part (“Images”), you warrant and represent that (i) you are the copyright owner of the content of the Posting and any Images, or that the copyright owner of the content or Images has granted you permission to use such content or Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms and Conditions, (ii) you have the rights necessary to grant the licenses and sublicenses described in these Terms and Conditions, and (iii) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms and Conditions, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. No compensation will be paid with respect to the use of your Posting or any Image you submit.
3.4. By using the website and making any postings available therein, you grant Tryangle Mechanical a perpetual, non-exclusive, transferable, royalty free and irrevocable license to (in any media now known or not currently known or invented) distribute, publicly perform, publicly display, link to, utilize, use, copy, reproduce, distribute, exploit, and prepare derivative works, including translations, of the posting and to sub-license all of the foregoing rights to others through multiple tiers of sub-licensees.
3.5. You shall not upload to, distribute to, or otherwise disseminate through the Website any material or information of any kind that is libellous, defamatory, obscene, pornographic, abusive, or otherwise violates any law or infringes or violates any rights of any other person or entity, or contains a solicitation of funds, advertising, or a solicitation for goods or services. You may not submit Postings that contain personally identifiable information about other people, such as their phone number, street address or email address, or information about other people that could result in an invasion of their privacy. You will be liable for any loss or damage resulting, directly or indirectly, from your making any material or information available through the Website. No Postings you submit shall be deemed confidential and you agree that Tryangle Mechanical shall be free to use or disseminate your Posting on an unrestricted basis for any purpose. Tryangle Mechanical can use the Posting without any compensation obligation to you or to any other person or entity. You acknowledge that Tryangle Mechanical may have already developed, or is in the process of developing, and is not restricted in any way from developing and marketing, offerings, products, services, functions, features, ideas or plans similar to or competitive with any described in a Posting submitted by you.
3.6. Tryangle Mechanical has no obligation to, and does not and cannot review, every Posting or information that you and other users make available through the Website, and therefore Tryangle Mechanical is not responsible for any of this material or information. However, Tryangle Mechanical reserves the right to monitor, delete and/or refuse to transmit, move, or edit any material or information, in whole or in part, without any obligation to provide notice to you, that Tryangle Mechanical deems in its sole discretion, unacceptable, undesirable or in violation of any law. Without limiting the generality of the foregoing, Tryangle Mechanical reserves the right to restrict or prohibit the sending of unsolicited bulk or commercial messages or the sending of numerous copies of the same or substantially similar messages or very large messages to a recipient. Tryangle Mechanical disclaims all warranties with regard to postings and third party content, including all implied warranties of merchantability, fitness for a particular purpose and non-infringement.
4. Disclaimer of warranties
THE WEBSITE, AND ALL OF ITS CONTENT, MATERIAL, INFORMATION OR POSTINGS FOUND ON OR ACCESSED THROUGH THE WEBSITE, ARE PROVIDED ON AN “AS IS” BASIS. TRYANGLE MECHANICAL, ITS PARENT AND AFFILIATED COMPANIES (THE “TRYANGLE MECHANICAL ENTITIES”), AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS AND AGENTS EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY AND ALL REPRESENTATIONS AND WARRANTIES OF TITLE AND NON-INFRINGEMENT, AND ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABLE QUALITY, FITNESS FOR ANY PARTICULAR PURPOSE, SUITABILITY FOR ANY PARTICULAR PURPOSE, AND ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ARISING FROM ANY COURSE OF DEALING OR USAGE OF TRADE, WITH RESPECT TO THE WEBSITE.
NEITHER TRYANGLE MECHANICAL, NOR THE TRYANGLE MECHANICAL ENTITIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS AND AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO (I) THE ACCURACY, TIMELINESS, RELIABILITY, TRUTHFULNESS OR COMPLETENESS OF THE WEBSITE OR ITS CONTENT, INCLUDING, BUT NOT LIMITED TO, THE CONTENTS OF ANY CONTENT, INFORMATION, MATERIAL, OR POSTING FOUND ON THE WEBSITE (INCLUDING, BUT NOT LIMITED TO, ANY PRESS RELEASES OR FINANCIAL INFORMATION); (II) ANY SERVICES PROVIDED THROUGH THE WEBSITE, OR ANY LINKS TO OTHER SITES MADE AVAILABLE ON, OR THE CONTENT CONTAINED ON SUCH SITE(S): (III) THE CONTINUOUS OR ERROR FREE USE AND OPERATION OF THE INTERNET OR THE WEBSITE; (IV) THAT THE WEBSITE WILL BE FREE FROM DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK.
YOU UNDERSTAND THAT INFORMATION PROVIDED ON THE WEBSITE MAY CONTAIN REFERENCES OR CROSS REFERENCES TO TRYANGLE MECHANICAL AND/OR THE TRYANGLE MECHANICAL ENTITIES’ PRODUCTS AND SERVICES THAT MAY NOT BE AVAILABLE IN YOUR LOCAL AREA. TRYANGLE MECHANICAL AND THE TRYANGLE MECHANICAL ENTITIES MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE AVAILABILITY OF SUCH PRODUCTS AND SERVICES IN YOUR LOCAL AREA AND SUCH REFERENCES DO NOT IMPLY THAT TRYANGLE MECHANICAL AND/OR THE TRYANGLE MECHANICAL ENTITIES INTEND TO PROVIDE SUCH PRODUCTS OR SERVICES IN YOUR LOCAL AREA.
THIRD PARTIES’ WEB SITES ACCESSED VIA LINKS OR OTHER MEANS FROM THE WEBSITE HAVE, UNLESS OTHERWISE INDICATED, BEEN INDEPENDENTLY DEVELOPED BY THIRD PARTIES. THE INCLUSION OF ANY INFORMATION, MATERIAL, CONTENT OR LINKS ON THE WEBSITE SHOULD NOT BE CONSTRUED AS AN EXPRESS NOR AN IMPLIED ENDORSEMENT BY TRYANGLE MECHANICAL OF ANY THIRD PARTY PRODUCTS OR SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
5. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, SHALL TRYANGLE MECHANICAL OR THE TRYANGLE MECHANICAL ENTITIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOSS OF BUSINESS OR PROFITS OR INVESTMENT, TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, ACCOUNTING POSITIONS TAKEN BY YOU, OR THE LIKE), WHETHER BASED ON, WITHOUT LIMITATION, NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIBILITY, PRODUCT LIABILITY, BREACH OF CONTRACT AND/OR BREACH OF WARRANTY, EVEN IF TRYANGLE MECHANICAL OR ANY OF ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND TRYANGLE MECHANICAL.
You specifically acknowledge and agree that (i) neither Tryangle Mechanical nor the Tryangle Mechanical entities, nor each of their respective directors, officers, employees, consultants and agents shall be liable for any defamatory, offensive or illegal conduct of any user, including you.
Some of the website’s content, including, without limitation, the postings and third party content, posted to the website is provided by registered third parties not affiliated with Tryangle Mechanical or the Tryangle Mechanical entities. Such third-party content is the sole responsibility of the person or entity originating that content. Tryangle Mechanical is not liable or responsible for any content posted on or linked from the website, including, but not limited to, any errors or omissions in content, or for any losses or damage of any kind incurred as a result of the use of or reliance on any content.
Tryangle Mechanical is not liable for, and you agree to indemnify and hold Tryangle Mechanical, the Tryangle Mechanical entities, their respective directors, officers, employees, consultants and agents from any claim, including reasonable attorneys’ fees, made by any third party relating to or arising out of content you submit, post, transmit or make available through the website, your use of the website, your violation of these Terms and Conditions or your violation of third parties’ rights. You agree to promptly notify Tryangle Mechanical immediately after you become aware of any unauthorized use of your account and to take reasonable steps to prevent any reoccurrence of such unauthorized event. Tryangle Mechanical reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you agree to cooperate as fully as reasonably required in the defense of any claim.
6.1. If you are dissatisfied with the Website, the Services, and/or these Terms and Conditions, your sole and exclusive remedy is to discontinue using the Website and the Services. Tryangle Mechanical reserves the right, in its sole discretion, to take action (technical, legal or otherwise) to block, nullify or deny your ability to access the Website if you violate these Terms and Conditions. Upon termination, (i) you must immediately cease accessing or using the Website; (ii) you agree not to re-register or otherwise make further use of the Website; and (iii) you agree to destroy all materials obtained by you through the Website.
6.2. You agree that you are in compliance with all applicable laws and regulations pertaining to or governing your use of the website, and you agree to indemnify and hold Tryangle Mechanical, the Tryangle Mechanical entities and their respective directors, officers, employees, consultants and agents harmless from and against any and all claims, damages, losses or obligations suffered or incurred by you arising from your failure to comply.
6.3. If any provision of the Terms and Conditions is found invalid or unenforceable under applicable law, then it shall be, to that extent, deemed omitted and the remaining provisions will continue in full force and effect.
6.4. Any disputes arising hereunder shall be governed exclusively by the laws of the province of Alberta and the laws of Canada applicable therein, without giving effect to their conflict of laws principles. You expressly consent to the exclusive forum, jurisdiction, and venue of the courts of Alberta and/or the federal court of Canada in Alberta, or any other judicial district or jurisdiction as Tryangle Mechanical may determine in any and all actions, disputes, or controversies relating hereto.
6.5. These Terms and Conditions and any rules, policies, guidelines or other agreements posted on the website by Tryangle Mechanical constitute the entire agreement between Tryangle Mechanical and you with respect to your use of the website. Notwithstanding the foregoing, any products or services which you purchase through the website shall be subject to Terms and Conditions specific to such purchase provided to you from time to time including, without limitation, all Terms and Conditions posted on the website and all Terms and Conditions delivered to you (in any manner or form) in connection with any products or services purchased.
6.6. No waiver by either Tryangle Mechanical or you of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. These Terms and Conditions are binding on you, your heirs, successors and assigns. You may not transfer or assign your rights and/or obligations hereunder without our prior consent. Tryangle Mechanical may transfer or assign its rights and/or obligations hereunder without your consent.
6.7. If any provisions contained herein shall be determined to be void, invalid, or otherwise enforceable by a court of competent jurisdiction, such termination shall not affect the remaining provisions contained herein. The parties have required that the Terms and Conditions and all documents relating thereto be drawn up in English. La présente convention a été rédigée en anglais à la demande expresse des parties.
By using the website and/or any services related thereto, you agree that you have read, understand and agree to the Terms and Conditions.