Providence Grain Solutions

Terms of Use

Introduction

Welcome to www.providencegrain.ca and its pages and services contained within the Internet domain(s) (“Website”) and the Providence Grain Mobile Application (“App”). The Website and App are owned and operated by Providence Grain Group (“Providence”, “our”, “us”).

Agreement to Terms

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING AND/OR BROWSING ON THE WEBSITE AND/OR APP. BY USING THE WEBSITE AND/OR APP, YOU AGREE TO THESE TERMS OF USE AND PROVIDENCE’S PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DISCONTINUE USING THE WEBSITE AND/OR APP.

Providence reserves the right to change these Terms of Use at any time. The revised Terms of Use will be effective upon posting. You are responsible for staying informed of any revisions. Continued use of the Website and/or App constitutes your acceptance of the revised Terms of Use. If you do not agree to the revised Terms of Use, discontinue using the Website and/or App.

Disclaimer and Limitation of Liability

THE WEBSITE AND/OR APPLICATION, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT, IS PROVIDED “AS IS”, WITH ALL FAULTS, AND WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND/OR APPLICATION.

NONE OF PROVIDENCE, OR THEIR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS, CONTRACTORS, SUPPLIERS, PARTNERS AND LICENSORS SHALL BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION OR OTHER ECONOMIC LOSS) ARISING OUT OF OR RELATING IN ANY WAY TO THE USE, MISUSE, OR RELIANCE ON THE WEBSITE AND/OR APPLICATION, INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM THE UNAVAILABILITY, INACCURACY, OR FAILURE TO PERFORM OF THE WEBSITE AND/OR APPLICATION, OR THE UNAVAILABILITY OR INADEQUACY OF RELATED SERVICES AND WHETHER THE CLAIM IS BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT PROVIDENCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE AND/OR APPLICATION OR RELATED SERVICES IS TO CEASE USING THE WEBSITE AND/OR APPLICATION.

Use of Providence’s Website and/or App

The Website and App allows a registered user to submit contract offers for grain, request product quotes, contact Providence, view future markets, link to Providence’s partners and view market trend information as well as current agronomic information. It is your sole responsibility to verify any information being relied upon.

A registered user may:

1. Submit a Contract Offer or Grain Pricing Order
Registered users can place contract offers on the Website or App, detailing grains they want to sell. All users must accept the Disclaimer before any contract offer can be submitted. Necessary details of the contract offer being submitted include, but are not limited to, type of grain, grade (per the Canadian Grain Commission’s grading tables), year of grain delivery, timeframe of delivery of grain, the units the grain is measured in, the quantity of the grain (in the aforementioned units), the price per unit, and/or when the offer should expire. Providence will be notified of the offer via email and/or App at which time Providence will contact the user directly to verify the contract offer received and complete a Providence contract which will list all Terms & Conditions to be signed by the user.

2. Submit a Contract Inquiry
Registered users can submit an inquiry for existing contracts and for information regarding the contracts available to all parties.

User Registration

You must register and obtain a username and password. Only registered users will be permitted to use the App. The Website and App is free of charge. Any other fees incurred in using the Website and/or App is the sole responsibility of the user.

You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to safeguard your password from access by others and you agree to notify us immediately of any unauthorized use of your account information. You agree to indemnify and hold harmless Providence for losses incurred by Providence arising out of unauthorized use of your account as a result of your failure to safeguard your account information.

Prohibitions

You must not abuse the use of the Website and/or App. You must not use the Website and/or App contrary to the intended purpose of the Website and/or App. You must not use the Website and/or App to engage in prohibited activities. Determination of prohibited activities is at the sole discretion of Providence. Providence reserves the right to investigate and take appropriate legal action against anyone engaging in prohibited activities.

Prohibited activities include, but are not limited to, the following:

  1. engaging in any illegal activity using the Website or App;
  2. engaging in any activity that is disruptive or abusive including without limitation, harassing, threatening, or stalking any person;
  3. engaging in any activity that is in violation of the Terms of Use or Privacy Policy;
  4. infringing on the integrity of the Website or App through hacking into or uploading or transmitting without limitation viruses;
  5. damaging or interfering with the Website or App including without limitation the property of Providence such as data, passwords, or software;
  6. compromising the Website or App security;
  7. limiting access to the Website or App to other users or interfering with their use;
  8. interfering with other users use of the Website or App;
  9. using another user’s account information or collecting information about other users;
  10. providing false information to Providence or using false information in the use of the Website or App.

Termination

Providence has the right to terminate your account and access to the Website and/or App for any reason, including, without limitation, if Providence, in its sole discretion, considers your use to be unacceptable, or in the event of any breach by you of these Terms of Use. Providence may, but shall be under no obligation to, provide you a warning prior to termination of your use of the Website and/or App.

Indemnification

You agree to indemnify, defend, and hold Providence, its officers, directors, employees, agents, licensors, and suppliers harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.

Third Party Advertisers and Links

As you access the Website and/or App, our advertisers, promotional partners or other third parties may use cookies or other technology to attempt to identify some of your preferences or retrieve information about you. Although these activities may appear to be coming from our Website and/or App, they may actually be coming directly from third parties. We do not control the use of this technology or the resulting information and are not responsible for any actions or policies of such third parties. Additionally, during your use of the Website and/or App you may link to, or view as part of a frame on the Website and/or App page, certain content that is created or hosted by a third party. Third parties, including our partners, advertisers, affiliates, social media applications, content sharing and peer to peer networks, and other content providers accessible through Website and/or App, may have their own privacy and data collection policies and practices. We are not responsible for the actions, privacy, security or content of such third parties. If you are asked to provide information to these third parties, we encourage you carefully to review their Privacy Policy and terms of use before sharing your information.

Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of the Province of Alberta, Canada. You expressly agree to the exclusive jurisdiction and venue of courts in the Province of Alberta, Canada for any claim or dispute arising out of or relating to the use of the Website and/or App. You further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action.

Severability

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any provision in these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision.

Privacy Policy

Providence collects, uses and discloses your personal information in accordance with Providence’s Privacy Policy. By using the Website and/or App, you agree to these Terms of Use and Providence’s Privacy Policy which is available at www.providencegrain.ca.

Contacting Providence

If you have any questions, comments or concerns about these Terms of Use, please contact us by one of the following methods:

Regular mail:




Fax:

E-Mail:

Providence Grain Group Inc.
Attention: Milton Miller, CEO
8716 – 112 Street
Fort Saskatchewan, AB T8L 2S8

780-997-0217

miltmiller@providencegrain.ca

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