CONSTRUCTION & GENERAL WORKERS' UNION LOCAL 180
Portal Participation Agreement
Application of this Agreement
THE FOLLOWING DESCRIBES THE TERMS APPLICABLE TO YOUR PARTICIPATION IN THE PORTAL.
The following terms and conditions of this agreement, as amended from time to time, (this "Agreement") will govern the relationship between Construction & General Workers' Union Local 180 (hereinafter "Local 180") and the member ("Member") named in the registration process for the Construction & General Workers' Local Union 180 Online Portal (the portal and all related services are, collectively, the "Portal") that enables Member to bid on jobs (each a "Job") posted to the online job bid system for work ("Work"). Local 180 is a local of the Construction & General Workers Union (the "Union").
Representation and Warranty of Individual Completing the Registration
BY CLICKING THE "I AGREE" BUTTON, Member agrees that Member has read and understands all of the terms and conditions of this Agreement.
IF ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE NOT ACCEPTABLE TO MEMBER, DO NOT CLICK ON THE "I AGREE" BUTTON.
Local 180 may amend this Agreement at any time by updating and posting a new Agreement in place of the old one on the Portal. These changes may include, without limitation, adding to, deleting from or modifying any of the provisions in this Agreement. Local 180 will inform Member when this Agreement has been amended by providing notice to Member in accordance with the notice provisions set out in this Agreement. The amended Agreement will automatically be effective when Member receives notice that this Agreement has been amended unless the notice specifies a later effective date, in which case, the amended Agreement will be effective on that later effective date. Member's continued access and use of the Portal following (i) the effective date of the amendment, (ii) the posting of the amended Agreement to the Portal by Local 180 and (iii) Local 180 providing notice to Member that this Agreement has been amended, shall mean that Member is deemed to have accepted the terms and conditions of this Agreement, as amended. If Member does not agree with any of the terms or conditions in the amended Agreement then Member shall immediately cease all access to the Portal and terminate this Agreement as provided herein, which shall be Member's sole recourse and remedy in the event Member is dissatisfied with the amended Agreement.
In the event, prior to the effective date of any amendment to this Agreement, Member is committed to Work on a Job, the unamended Agreement will apply to that Work.
Member's License to the Portal
Provided Member is fully complying with all of the terms and conditions of this Agreement Local 180 grants to Member a non-exclusive and non-transferrable license to use, access and participate in the Portal and to bid on the Jobs in accordance with the terms and conditions of this Agreement.
Local 180 reserves the right to terminate Member's right and license to access and participate in the Portal at any time immediately on notice if Local 180 determines or believes that one or more of the following has occurred or may occur: (a) Member is no longer a member in good standing; (b) Member is in breach of this Agreement; (c) Member is subject to an investigation; (d) Member fails to provide true, accurate, complete and current information when requested or required to do so; (e) Member has engaged in any activity which is harmful or potentially harmful including, without limitation, that which places any person's health or safety at risk or places the integrity or security of the Portal at risk; (f) Member has engaged in any activity which in any way violates any federal or provincial law, statute, ordinance or regulation; or (g) Member has engaged in any activity which creates liability or damage or potentially creates liability or damage to Local 180.
In addition to any other right of termination contained herein, Local 180 reserves the right to terminate access by all or some users of the Portal, including Member, without cause or reason, at any time by providing ninety (90) days notice of termination.
Member agrees to bear all risks, costs and damages that Member may incur or suffer as a result of Local 180's termination of Member's participation in the Portal for any reason.
Member may only use the Portal for Member's own personal purposes. Member shall not use or permit the use of Member's account for the benefit of anyone else.
Local 180 may monitor Member's use of the Portal to ensure compliance with this Agreement.
Set out below are some of the requirements in order to use the Portal:
1. In order to participate in the Portal Member must be in good standing. Being in good standing means Member being current in their dues and not suspended for any reason from this or any other local union chartered by the Labourers International Union of North America.
2. Work will be assigned to members based on the Revised Rules Governing the Out of Work Board.
Member agrees to provide true, accurate, current and complete information about Member, whether as part of the registration process or as may be requested by Local 180 from time to time. Member will promptly update this information as necessary to keep it true, accurate, complete and current at all times, including current addresses, phone numbers, places of employment (if working for any employer other than one for which a dispatch was assigned) and any special skills and classifications acquired through any recognized training program.
Changes to the Portal
Local 180 may alter, add to and delete from any aspect of the Portal at any time. Local 180 will use commercially reasonable efforts to provide notice to Member of any material changes. However, Local 180 reserves the right to change the Portal in any manner without notice.
Member agrees to bear all risks, costs and damages that Member may incur or suffer as a result of any changes made to the Portal for any reason.
The Portal as it may be modified by Local 180 from time to time will automatically be subject to the terms and conditions of this Agreement without any notice to Member.
Maintenance of the Portal
Unless otherwise specified, Local 180 shall have no obligation to provide any maintenance or support services whatsoever in connection with the Portal including, without limitation: (a) error correction; (b) answering any inquiries in connection with the Portal including in connection with the use of the Portal; or (c) delivery of any updates, upgrades or any enhancements to the Portal.
Local 180 may, in its sole discretion, perform maintenance on the Portal. Local 180 will use commercially reasonable efforts to perform such maintenance at such times to minimize the impact on the Portal and Member's use of the Portal. Local 180 will use commercially reasonable efforts to provide advanced notice of any scheduled maintenance by posting a message on the Portal or by sending Member an email of the scheduled maintenance time and the anticipated duration of such maintenance.
Local 180 reserves the right to establish the type and amount, if any, of support that it will provide in relation to the Portal and the times that the support will be available. As well, Local 180 reserves the right to limit Member's access to the support in the event Member is using an above average amount of support.
Bidding on Jobs
The Portal enables Members to bid on Jobs. Bids are selected based on the Revised Rules Governing the Out of Work Board.
The description for each Job will be listed, including:
3. work required;
4. safety requirements;
5. special skills and classifications; and
Member is solely responsible for ensuring that he or she can fulfill all of the requirements of the Job.
Support of Member
The Portal provides means by which Members can bid on Jobs. The Portal and the activities around the Portal do not provide for any additional support for Members in respect of the Work, the employment relationship or otherwise. Any such support shall only be pursuant to Local 180's other support services.
In addition to the restrictions set out on the Portal, Member shall not or knowingly allow others, in relation to the Portal, publish, link to, provide, offer to provide or otherwise deal in any information, material, content and product or service which:
1. is obscene or contains pornography of any kind;
2. infringes or potentially infringes any third party intellectual property or proprietary rights including without limitation, copyright, patent, trademark, trade secret, right of publicity or privacy;
3. is unlawful, threatening, abusive, harassing, tortuous, vulgar, hateful or is racially or ethnically offensive;
4. is defamatory or libelous of any person or organization; or
5. is harmful or potentially harmful including, without limitation, that which places any person's health or safety at risk, places the integrity or security of any computer system at risk or distributes any virus, Trojan horse, worm, time bomb or other harmful or invasive computer program.
In addition to the restrictions set out on the Portal, Member shall not, in relation to the Portal:
1. use the Portal to commit any dishonest act, act of fraud or any act which infringes any right of a third party;
2. conduct themselves in any manner which does or which is intended to deceive anyone in relation to anything;
3. make available or send any unsolicited or unauthorized advertising, promotional material, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation, except in those areas of the Portal that have been designated for communications and then only reasonable communication within the limits as may be set out in those area;
4. undertake any activity which creates liability, loss or damage or potentially creates liability, loss or damage to Local 180 or any other user of the Portal; or
5. fail to comply with all governmental laws, rules, regulations and orders that apply to Member's activities, including but not limited to, intellectual property, consumer protection, unfair competition, discrimination, false advertising, sales and commerce laws and regulations.
Member agrees not to use any automatic means to search or monitor the content of the Portal. Member agrees that Member shall not use any automatic means, including software, to interfere with or attempt to interfere with the operation of the Portal or its use by any other user. Member agrees not to cause any unreasonable burden or load on the Portal.
Member agrees to not do anything that discredits or reflects adversely upon the reputation of Local 180 or negatively affects the goodwill associated with the Portal.
Member agrees to not use any information of any other user of the Portal for any purposes other than as specifically permitted through the Portal.
All data, documents, files and other information (collectively, the "Member Information") that Member provides in connection with the Portal will be true, accurate, complete and current.
Member agrees that Local 180 may review, but shall have no obligation to, Member Information to ensure compliance with this Agreement. Member agrees that any review of the Member Information by Local 180 shall in no way constitute any acknowledgement, endorsement, authorization or guarantee on the part of Local 180 that any Member Information is in compliance with this Agreement or any applicable law.
Member hereby grants to Local 180 a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, store, reproduce, process, display, disclose, distribute and transmit all Member Information in connection with the Portal and all other ancillary activities reasonably necessary for Local 180's operation of the Portal and its other activities.
UserID and Passwords
On registration, Member will receive a userID and password to enable Member to access and use the Portal. Member agrees to keep Member's userID and password confidential and secure.
Member shall immediately notify Local 180 of any unauthorized use of Member's userID and password as soon as Member becomes aware of the same. Local 180 shall not be liable, in any way, for any loss or damage of any kind or nature suffered by Member or any third party due to access to the Portal as a result of someone obtaining Member's userID and password directly or indirectly from Member. Member is responsible for all activities that occur on the Portal through the use of Member's userID and password when Member's userID and password is obtained directly or indirectly from Member, whether or not such use or access was authorized.
Local 180 may keep information on Local 180's servers relating to each Job and Member's activities on the Portal for at least three (3) years after a Job has been posted. Local 180 may delete such information at anytime thereafter.
Local 180 shall have no liability in connection with any information that is deleted.
Local 180 and its licensors has certain protectable proprietary rights in the Portal as well as the software running the same, including copyright and trademark rights. Member may not reproduce, duplicate, modify, copy, publish, republish, transmit, sell, resell, create derivative works, redisplay, frame or in any way exploit any content contained in the Portal in any manner whatsoever.
Except for the limited license rights set out herein, no other rights in or to any Local 180 technology or intellectual property is transferred or granted to Member and all right, title and interest in and to Local 180's technology and intellectual property shall remain the sole property of Local 180.
Member will remain the owner of the Member Information and all intellectual property therein.
Member agrees that Member will not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive any source code to the Portal.
Local 180 acknowledges that it will be collecting certain confidential information relating to Member's activities including Jobs that Member bids on and account information. Member agrees and acknowledges that certain aspects of Local 180's business will be Local 180's confidential business information.
Each party agrees to treat the confidential information of the other party as confidential information. In that respect, each party shall be bound by an obligation of confidence to the other in respect of that other party's confidential information. Therefore, a party (a) shall not disclose, either directly or indirectly, any such confidential information to any person except as specifically contemplated in this Agreement or as required by law; and (b) shall not deal with, use, develop or exploit, either directly or indirectly, any such confidential information for any purpose except as specifically contemplated in this Agreement or as required by law.
Each party shall take all reasonable precautions and actions to prevent the disclosure to or use by any third party of any confidential information of the other party.
Notwithstanding the foregoing, Member agrees that Local 180 may use Member's information and activities to enhance the Portal.
Further, Local 180 may use and disclose this information to respond to a claim that Member has infringed the rights of a third party, breached this Agreement and to otherwise comply with any legal requirements.
MEMBER AGREES TO FULLY INDEMNIFY AND HOLD HARMLESS LOCAL 180 FROM ANY AND ALL CLAIMS AND DEMANDS, INCLUDING REASONABLE ATTORNEY FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING IN ANY MANNER OUT OF ANY ONE OR MORE OF MEMBER'S PARTICIPATION IN THE PORTAL, MEMBER'S BREACH OF THIS AGREEMENT OR ANY APPLICABLE LAW OR MEMBER'S BREACH OF ANY RIGHT OF A THIRD PARTY INCLUDING WITHOUT LIMITATION, PRIVACY, TRADEMARK OR COPYRIGHT.
Disclaimer of Warranties
MEMBER EXPRESSLY ACKNOWLEDGES AND AGREES THAT THE PORTAL IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND LOCAL 180 EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE INCLUDING ANY WARRANTIES OR CONDITIONS THAT ARE IMPLIED BY STATUTE.
Limitation of Liability
MEMBER EXPRESSLY ACKNOWLEDGES AND AGREES THAT UNDER NO CIRCUMSTANCE SHALL LOCAL 180 HAVE ANY LIABILITY, UNDER ANY LEGAL THEORY WHATSOEVER, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES EVEN IF LOCAL 180 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS AND WHETHER RESULTING FROM THE USE OR INABILITY TO USE THE PORTAL OR ANY ERROR, DEFECT, OMISSION OR DELAY IN THE PORTAL, OR OTHERWISE.
IN ALL CIRCUMSTANCES, LOCAL 180'S TOTAL AGGREGATE LIABILITY TO MEMBER OR ANY THIRD PARTY, HOWEVER ARISING, SHALL BE LIMITED TO $100.00 (CDN).
Local 180 has implemented industry standard security measures in connection with the Portal. The security measures incorporated into the Portal and related software have security limitations. In particular, Member agrees and acknowledges that applications, systems and data which are made available over the Internet are inherently insecure against motivated individuals and Local 180 shall have no obligation or liability for any breach of same.
The provisions of this Agreement shall remain in effect starting from when Local 180 provides notice to Member that Member has been accepted in connection with the Portal until terminated as provided herein.
If Member wishes to terminate his or her participation in the Portal, Member must follow the instructions on the Portal to cancel Member's account. Termination by Member will not be effective by any other means including notice by mail, email or phone.
Local 180 may terminate this Agreement with Member at any time upon notice to Member. Except as specifically set forth in this Agreement, neither party will be liable to the other solely by reason of any termination of Member's access to the Portal or this Agreement.
Notwithstanding any termination of this Agreement, Member shall fulfill all of his or her obligations in connection with any Jobs that he or she has committed to prior to such termination, and the terms and conditions of this Agreement shall apply to such Jobs despite such termination.
In addition to any other right to terminate as set forth herein, either party may terminate this Agreement if: the other party breaches any material term of this Agreement and fails to cure such breach within thirty (30) days after receipt of notice of the same.
The provisions set out in the sections entitled Intellectual Property, Privacy, Confidential Information, Indemnification, Disclaimer of Warranties, Limitation of Liability, Security, Termination and Applicable Law will survive any termination or expiration of this Agreement, for any reason.
Immediately on termination of this Agreement, Member shall cease and desist all access and use of the Portal.
Communication and Notice
It is a requirement for the ongoing participation in the Portal that Local 180 be able to communicate with Member about the Portal from time to time. Local 180 may affect notices contemplated under this Agreement by sending an email to the email address set out in Member's account information. In the event Local 180 sends an email communication to that email address Member will be deemed to have received that email communication even if Local 180 receives notification that the email was not received by Member. Member is solely responsible for ensuring that the email address provided in Member's account information is active and that Member is capable of retrieving all emails sent to that email address.
Local 180 may also provide notices to Member during Member's login to Member's Portal account.
Member may send a notice or other communication to Local 180 by emailing Local 180 at [email protected]. For certain communications, Local 180 reserves the right to require that the communication be sent by register mail to the following address: 1866 McAra Street, Regina, Saskatchewan, S4N 6C4.
Entire Agreement. This Agreement constitutes the entire agreement between Member and Local 180 governing the relationship between the parties as it relates to Member's access and use of the Portal and supersedes all prior agreements, understandings, representations, warranties, negotiations and discussions both written and oral, among the parties, with respect to the subject matter hereof.
Applicable Law. The laws of the Province of Saskatchewan, without application of any of its conflict of laws provisions, shall govern this Agreement and anything directly or indirectly related to Member's access and use of the Portal.
Force Majeure. Neither Local 180 or Member will be liable for any failure or delay in its performance under this Agreement due to any cause beyond its reasonable control, including, but not limited to, an act of war, terrorists or God, earthquake, flood, embargo, riot, sabotage, governmental act or failure of the Internet, provided that the delayed party: (a) gives the other party prompt notice of the delay, and (b) uses its commercially reasonable efforts to correct such failure.
Headings. The headings are for reference purposes only and shall not be used in the interpretation of this Agreement.
Waiver. Local 180's failure to insist upon or enforce strict compliance with any provision of this Agreement shall not be construed as a waiver of any provision or right of the same or different type in the future. No waiver of any of the provisions of this Agreement will be deemed to constitute a waiver of any other provision (whether or not similar), nor will such waiver be binding unless executed in writing by the party hereto to be bound by the waiver. No failure on the part of a party hereto to exercise, and no delay in exercising any right under this Agreement will operate as a waiver of such right; nor will any single or partial exercise of any such right preclude any other or further exercise of such right or the exercise of any other right.
Severability. If any provision of this Agreement is determined by any court of competent jurisdiction to be illegal, invalid or unenforceable, that provision will be severed from this Agreement and the remaining provisions will continue in full force and effect.