These definitions should help you understand this policy.
When we say “we,” “us,” “our,” “[ConcreteDirect],” and “[Kubik]” we are referring to, collectively and individually, Aggregate Industries Management Inc., a corporation registered in Delaware, as well as Lattimore Materials Corp., Lafarge Canada Inc., Holcim (US) Inc., and each of their respective parent companies, subsidiaries and affiliates.
When we say “Member,” we are referring to the person or entity that has acquired a professional subscription from us to use the Website and/or the App, who is registered with us to use the Services.
When we say “you,” we are referring either to a User who visits or who is a user of our Website and/or the App or to a Member’s employee, proxy or representative, contractor, consultant who is using the Services on behalf of a Member to supply Member’s products and/or services to a User.
Read carefully these Terms and Conditions (the “T&C”) before using or accessing the “https://www.concretedirect.com” website (the “Website”) and/or the [ConcreteDirect or Kubik app] (the “App”) and/or any materials contained in or linked to the Website and/or the App. The T&C govern your use of the following services (the “Services”): (a) https://www.concretedirect.com, owned or operated by Holcim Technology Ltd, Switzerland, an affiliate of ours) on which these T&C are posted, as well as any content, products, services, features, functions or other resources offered on any of those Websites; and (b) any ConcreteDirect or Kubik branded App for your mobile, tablet or other device.
If you do not agree to these terms and conditions, you may not access or otherwise use the App or the Website or any part of the App or the Website. Your continued use of the App or the Website is deemed your acknowledgement that you have read and accepted these T&C. We reserve the right to update or revise these T&C without notice to you. Please check these terms and conditions periodically to review any changes. Your continued use of the App or the Website following any changes or updates to these T&C constitutes acceptance of those changes.
These T&C govern your use and access to the App and Website and constitute a binding contract ("Agreement") between you and us. Please read this Agreement carefully. By clicking on the “I ACCEPT” or “AGREE” button below, by using the App and/or Website you acknowledge and agree to the following:
● you accept this Agreement;
● you acknowledge that we, along with Holcim Technology Ltd., specifically disclaim any liability, loss, damage or risk incurred as a consequence or arising out of, directly or indirectly, use of the App and/or the Website;
● you agree to conduct business transactions with electronic documents and signatures instead of paper based documents and signatures.
●You agree that in the event that a signature is not provided by you on the Driver App, or that it is deemed unsafe to do so, the location of delivery indicated electronically via ConcreteDirect is acceptable in lieu of a signature.
● your use of the App and/or the Website is governed by this Agreement, as amended from time to time.
While certainparts of the Services may be used without registration, other parts of theServices, or features of the Services, may only be used or available toregistered users. If you decide to become a registered user, you agree to (a)provide accurate, current, and complete information about yourself as promptedby the appropriate registration form, and (b) maintain and update yourinformation to keep it accurate, current, and complete. If any informationprovided by you is untrue, inaccurate, not current, or incomplete, we reservethe right, at our sole discretion, to suspend or terminate your membershipand/or access to some or all of the Services.
As part ofthe membership process, you may be asked to select a usernameand password. We reserve the right to reject any username in our sole discretion.Your username and password are for your personal use only, and may not be usedby any other person. You agree not to transfer or resell your use of or accessto the Services (including your username and password) or permit anyone elsewhose account or membership was suspended or terminated to use the Servicesthrough your account, username or password. You are solely responsible formaintaining the confidentiality of your username and password and for any andall activities (including purchases) that are conducted through your account.
Youacknowledge and agree that your continued access to the Services provided through the App and/or the Website might be subject to the payment of certain fees. If you elect to purchase access to any such Services, all fees are due immediately and are non-refundable. You agree to pay all value added, sales and other taxes related to the payments made by you. All payments of fees for Services shall bemade in the currency listed in the App and/or the Website. Pricing for Servicesis subject to change at any time. Wemay add or remove payment processing methods at our sole discretion and without notice to you. You agree to pay for any Services that you order and that we or our payment processor may charge your credit card or otherform of payment that you indicate forany Services ordered, along withany additional amounts (including any taxes). By submitting your credit card orother financial account information through the Services, you expressly consentto the sharing of that information with third-party payment processors. Inthe event that you fail to make timelypayment of Services fees: (a) we maysuspend your access to the Applicable Services until such payment is received; and (b) you will beliable for any attorney fees, and collections agency fees.
Subject to these T&C, you are hereby granted a non-exclusive, non-transferable, non-sublicensable, limited right and license to download, install, access and use the App and use the Website. Holcim Technology Ltd. owns and shall own all rights, titles and interests in and to the App and in and to the Website, including, but not limited to, text, graphics, images, logos, editorial content, notices, software, computer codes, audiovisual effects, themes, stories, dialog, settings, artwork, sound effects, trademarks, trade secrets, trade names, patents, titles, and other material contained therein, and all intellectual and proprietary rights (whether registered or not).
THIRD PARTY MATERIALS
The App and/or the Website may include or make available content, data, information,Applications or materials from third parties or provide links to third party web sites. By using the App and/or the Website, you acknowledge and agree that we are not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, quality or any other aspect of such materials. The App and/or the Website may contain links to third party sites, resources and sponsors. Links to and from the App and/or to other third party sites do not constitute an endorsement by us of any third party sites, resources, sponsors or content, and we shall not be responsible or liable, directly or indirectly, for any such sites, resources, sponsors or content.
THIRD PARTY SITES
●we have no responsibility for any products or services on or offered by ThirdParty Sites’ content,
●we do not control and are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any Third Party Site, including any content, goods or services available on any Third Party Site.
●links to a Third Party Site do not necessarily constitute an endorsement by or association with us of such sites or the content, products, services, advertising or other materials presented on suchThird Party Site.
By submitting or posting information or content to the App and/or the Website, you grant us and Holcim Technology Ltd the right to use, adapt, modify reproduce, display, and/or distribute the content in any form for any purpose. You acknowledge and agree that you are responsible for all content posted or submitted by you, and that the use of the content by us will not infringe or violate the rights of any third party.
DATA PROTECTION/DATA PRIVACY
We do not guarantee, represent or warrant that your access to any of the functionality of the App and/or the Website will be uninterrupted or error-free. We will make reasonable efforts to ensure that the App and/or the Website are secure; however, we do not guarantee that the App and/or the Website will be free from corruption, attack, viruses, or other harmful components, or from interference, hacking or other security intrusions.
You expressly agree that your use of the App and/or the Website is at your sole risk. The App and/or the Website and the information it contains are made available “as is” and “as available” without warranty of any kind, either expressed or implied, and all other warranties and conditions, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement, are hereby expressly disclaimed.
The App and/or Website may provide the user with status and location data, including, without limitation, vehicle statuses and vehicle locations. The provision of this data via the App and/or the Website involves other systems and networks which may be unreliable from time to time. Except for the location and time contained in electronic delivery receipts sent to you, this data is provided for information purposes only, and neither us nor our Licensor (Holcim Technology Ltd.) represent or warrant that this data is accurate, and shall not be held responsible or liable for any inaccuracies contained within such information.
You are solely responsible for Your, Your employees’, contractors’, agents’ and representatives’ use of and access to the App. You are solely responsible for removing access to the App for any of Your employees, contractors, agents and representatives who may leave Your employ, or for whom it is otherwise desirable to remove access. You will be liable for any claims, losses, or other damages directly or indirectly arising out of or resulting from Your failure to timely remove access to the App, and will indemnify, defend, and hold us and Holcim Technology Ltd. harmless for any such claims, losses and/or damages.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD US, AND OUR RESPECTIVE SUPPLIERS, LICENSORS, AGENTS AND REPRESENTATIVES, OFFICERS, DIRECTORS AND PERSONNEL, HARMLESS FROM ANY AND ALL CLAIMS, LOSSES, FINES, FEES, OR DAMAGES ARISING OUT OF OR RELATING TO ANY VIOLATION OF THIS AGREEMENT OR ANY IMPROPER OR ILLEGAL USE OF THE APP AND/OR THE WEBSITE BY YOU OR ANY OTHER PERSON USING THE APP AND/OR WEBSITE ON YOUR BEHALF.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL WE, OR OUR RESPECTIVE SUPPLIERS, LICENSORS, AGENTS OR REPRESENTATIVES (OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS AND PERSONNEL) BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OF INFORMATION, BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE), ARISING OUT OF OR IN CONNECTION WITH:
● THE USE OR THE INABILITY TO USE THE APP AND/OR THE WEBSITE;
● THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES; OR
● ANY OTHER MATTER RELATING TO THE APP AND/OR THE WEBSITE.
SUSPENSION OR DENIAL OF ACCESS
We may, without notice, change or discontinue any service, content or feature of the Services, deny or restrict, disconnect, disconnect your access to the App and/or the Website in the case of:
● technical failure of, or modification or maintenance to, the App and/or the Website;
● your use of the App and/or the Website in breach of this Agreement.
You agree that we will not be liable for any modification, suspension or discontinuance of any of the Services or of any service, content, feature or product offered through the Services. Your continued use of the Website and/or the App after such changes will indicate your acceptance of such changes.
You shall maintain in strict confidence, and shall not disclose to any third party, any Confidential Information (as defined below) you have obtained or shall obtain from us. “Confidential Information” means any non-public business, financial or technological information disclosed by us to you, including, without limitation, the Services. Confidential Information shall not include information that you can demonstrate: (a) is or becomes a part of the public domain through no act or omission on your part; (b) was in your lawful possession prior to the disclosure and had not been obtained by you either directly or indirectly from us; (c) is lawfully disclosed to you by a third party without restriction on disclosure; or (d) is independently developed by you without reference to the Confidential Information.
We, in our sole discretion, may suspend or terminate your ability to use all or any element of the Services or may terminate these T&C, effective immediately, without notice or explanation. After any suspension or termination, you may or may not be granted permission to use the Services or re-establish an account. You agree that we shall not be liable to you for any termination of these T&C or for any effects of any termination of these T&C. You are always free to discontinue your use of the Services at any time. You understand that any termination of your account may involve deletion of any content stored in your account for which we will have no liability whatsoever. Upon any termination of these T&C for any reason: (a) all licenses granted hereunder shall immediately terminate and you shall immediately cease all use of the Services; (b) you shall pay to us all Services fees that are accrued and payable as of the date of such expiration or termination. Termination of these T&C or any license hereunder by us shall not limit either party from pursuing any other remedies available to it, including injunctive relief. Any provisions hereof that, by their nature should survive, will survive any termination of these Terms.
GOVERNING LAW. Dispute Resolution
This Agreement, and all matters and disputes arising out of or relating to this Agreement, shall be governed by the laws of, and shall come under the sole jurisdiction of the courts of, the State (for product delivered to a United States location) or Province (for product delivered to a Canadian location) where product is picked up, excluding principles as to conflict of laws.
A single or partial exercise of a right does not preclude a further exercise of that right or the exercise of another right. Failure by a party to exercise a right or delay in exercising that right does not prevent its exercise or operate as a waiver. A waiver is only effective in the specific instance and for the specific purpose for which it is given.
If a provision of this Agreement or a right or remedy under it is invalid or unenforceable in a particular jurisdiction: (a) it is to be read down or severed in that jurisdiction only to the extent of the invalidity or unenforceability; and (b) it does not affect the validity or enforceability of that provision in another jurisdiction or the remaining provisions in any jurisdiction.
You acknowledge that by using the App, you relieve the seller of any liability for personal injury or property damage when delivery is made beyond the curb line.
If you have any questions about the Terms & Conditions, please write to us at email@example.com
The following form integral part of these T&C:
[March 22, 2020]