Terms and Conditions

TERMS AND CONDITIONS FOR USING THE WWW.GRIDBID.COM SITE OPERATED BY HABITAT ENTERPRISES LTD.

www.gridbid.com (the “Website”) is a website exploited by Habitat Enterprises Ltd. (the “Company”). 

Through the Website, the Company provides the possibility to the User (the “User”) to participate in online solar installation auctions, receive bids from Users, select a winning bid from a User, and to get, if they win an auction, an offer from the User posting their roof allowing them to complete the solar installation for the auction price (the “Services”). 

The use of the Website, the Services and the business relationship between the Company and the User are subject to the following terms and conditions (the “Terms and Conditions”). By accessing and then using the Website, the User agrees to be bound by the Terms and Conditions as well as any other policies related to the operation of the Website.

1.    CONFIDENTIALITY POLICY 

One of the Company’s major priorities is to protect the privacy of the Users. The collection, storage, use and communication of personal information on the Website and by e-mail are undertaken in accordance with the applicable laws in the province of British Columbia, Canada. 

The following information is collected, stored, used or communicated by the Company when Users visit the Website site, as the case may be.

1.1.    Information collected through browsing 
The Company may collect or use information using technological means making it possible to identify a visitor’s electronic environment components. This identification process makes it possible to help Users navigate through the site or to obtain certain statistics for improving the site. The Company may therefore collect the following information:    

1.1.1.    IP address
When Users connect to the Website, their IP address may be sent to the Company’s server so that it can perform the requested operation;

1.1.2.    Type of browser and operating system
The User’s type of browser and operating system can be sent by the User’s computer to the Company’s server in order to enable access to the site;

1.1.3.    Site browsing information
The date and time when Users accessed the site, the pages they visited and the address of the site used to access the Website may also constitute information collected by the Company; 

This information, sent automatically by the computers, does not identify the User personally and no examination of information collected by the Company will be performed for that specific purpose.

1.2.    Information collected upon User registration
In order to be able to participate in the bidding action, the User must create their own customer profile. In order to do so, the User will have to communicate various pieces of personal information to the Company, including for example their name, address, telephone number, email address and credit card number. Such information is collected and conserved 1) to enable the Company to provide the Services to the User and 2) to enable the Company to inform the User of recent developments regarding the Website or promotions. 

The User also agrees in advance that the Company may disclose any personal information to any third party bound by confidentiality obligations in the context of any due diligence conducted by the third party in question.

1.3.    Use of security-logging tables (cookies)
The Company may use security-logging tables. These “cookies” will be installed temporarily in the User’s computer and will disappear after one (1) month of inactivity.

1.4.    Access and storage of the collected data
Personal information collected by the Company or provided by the User may be stored by the Company for an undetermined period of time or until the User requests it be destroyed. The Company is under no obligation to store collected personal information for a minimum period of time and may destroy it at its convenience. Any personal information collected will be used only for the purposes specified in the present Terms and Conditions and in order to exploit the Website and provide the Services to the User in an appropriate way.

1.5.    Links to other sites 
The Website may contain hypertext links to other websites. Users understand that when they access such external websites, their personal and confidential information is no longer subject to the present Terms and Conditions and that they are responsible for reading the terms and conditions applicable to these other websites.

Consequently, the Company declines all responsibility regarding the collection, use, communication and storage of personal information collected through external websites accessed by the User using a hypertext link located on the Website.


2. CAPACITY TO CONTRACT / REGISTRATION / EXCLUSION

2.1.    Capacity to contract
In order to place a bid on the Website, the User must be 18 years old and at least the age of majority under applicable laws of the country, province/state, territory, city or other jurisdiction (each, a “Jursdiction”) of the User’s residence. Therefore, by accepting the present Terms and Conditions, the Users declares that he/she is over 18 years of ages and that he has the legal capacity to contract. 

2.2.    Non-intervention policy
The Company undertakes to not interfere with the auction protocol and process part of the Services in any way.

The Company reserves its right, without being obligated, to proceed in monitoring, verification, interception, and disclosure of User activities, in order to conform to laws and regulations, facilitate cooperation with authorities and insure the respect of the Terms and Conditions. The User acknowledges that their activities on the Website may be subject to these practices and consents to them.

2.3.    Registration
For registration, the User shall provide a postal address in Canada or United States of America. Registration using post office boxes or equivalent is not permitted. Moreover, only one User registration per household/business location is permitted. 

The password chosen during the registration process shall be kept secret by the User. 
The User is responsible for all the activities which are undertaken from their User account. 

The User shall provide precise, right and valid information concerning them. Any false, inaccurate or misleading information will be considered as a breach of the present Terms and Conditions. 

The User covenants to only exercise legal activities on the Website and to respect the current applicable laws. 

The User also covenants to use the Website or the Services without interfering with the usual operations or the appropriate work of the Website.

2.4.    Exclusion
The Company reserves its right to suspend temporarily or to exclude definitively the User from the Website without notice. The account of this User will be disabled temporarily or definitively closed. 

Furthermore, the Company reserves the right, at its sole discretion, to limit the number of bids that a User may make or the number of auctions in which a User may participate. 

3.    HOW AN AUCTION WORKS

A User looking to have solar panels installed on their roof or property (the “Roof Owner”) will create an auction by filling out their address, roof details, expected terms for installation, and expiry date for the auction and then submitting the auction for bids.  Once an auction is submitted for bids, Users looking to install solar on a Roof Owner’s property (the “Solar Installer”) can place a bid on the auction before the auction expiry date. Solar Installers post bids by filling out the necessary bid fields including price, timeline, technology, warranty and company track record, and submitting this to the Roof Owner that created the auction.  Each Solar Installer will only be able to submit one bid per auction, and the submission of a bid will act as confirmation that the Solar Installer will be held to the terms contained in the bid if they are selected as the winning bid by the Roof Owner that created the auction.

4.    ACCEPTANCE OF THE WIN AND PAYMENT
After an auction has passed its expiry date, the Roof Owner that created the auction will select a winning bid.  The Solar Installer that submitted this winning bid (the "Winner") will receive an email notification with contact information for the Roof Owner and the Winner’s credit card will be charged the auction fee.  Once the credit card transaction has been confirmed, the Winner will receive a receipt for the transaction.  The Winner will be required to contact the Roof Owner within 5 business days to schedule the installation within the timeline agreed upon in the winning bid. The Roof Owner and the Winner will both be contractually held to the terms outlined in the winning bid unless (1) the information provided by the Roof Owner describing the installation location is proven to be inaccurate or (2) the Winner changes the terms of the winning bid.  If either of these events occur, the Roof Owner and the Winner have the right to decide whether they want to be contracted based on this new information.

The Company reserves the right to publish the name, region, and address of any Winners. This rule is one of the conditions of participating in auctions occurring on the Website. 

5.    AUCTION CANCELLATION
The Company grants Roof Owners the right to cancel an auction subject to the following limitations. This cancellation right exists only after an auction is created and terminates at the time (5) five hours after the expiry of the auction unless the Roof Owner has already chosen a winning bid and thus a Winner. If the Roof Owner has already chosen a Winner, the Roof Owner has no right to terminate the auction.  If a Roof Owner that created an auction and did not choose a Winner wishes to cancel the contract within the cancellation period explained above, they must inform the Company in writing (by letter or email). The Roof Owner must retain proof that the writing was transmitted within such cancellation period. Cancellations by phone will not be accepted.

6.   BID CANCELLATION
The Company does not grant Solar Installers the right to cancel their bid once they have submitted it to the Roof Owner.

7.    INSTALLATION
Unless otherwise stated, installation of the winning bid will be completed by the Winner, as per the agreed upon terms in the winning bid.

8.    DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY 

In accepting to be bound by the present Terms and Conditions or simply by browsing the Website, the User releases the Company, its directors, managers, shareholders, employees, agents, representatives, successors and beneficiaries from any liability for any damages suffered in connection with use of the Website or the Services. The User accepts explicitly and irrevocably and understands that the Services provided by the Company are provided as is, without any guarantee, including no guarantee of quality, as the case may be.

For more certainty, Users acknowledge that they have read this section and agree to abide by them.

8.1.    Use of the Website.
The information provided on the Website is offered for informational purposes only and the Company does not offer any guarantee of reliability or accuracy of the site’s contents, including statements made by any person employed by the Company, by any means, including but not limited to bid advice. Moreover, the Company does not offer any guarantee regarding the accuracy and content of statements made by third parties on the Website. The User is solely responsible for decisions made and actions taken after reviewing the information available on the Website. The Company is not responsible for any actions taken due to it by a User or another person having read or followed such information. 

The Company, its subsidiaries or its employees will take due care under the circumstances to make sure of the exactness of the information supplied on the Services and the auctions and bids posted on the Website, but do not warrant that this information is accurate, complete or current. 

Hypertext links to other sites enable Users to obtain more information regarding various subjects presented on the Website. However, when Users go to a different site through the hypertext links, they will find themselves outside the Website and the Company is in no way responsible for the information and various products and services offered on these sites due to the sole fact that it has provided the corresponding hyperlinks.

The Company, its affiliates and its employees will take due care under the circumstances to insure the usual operations and the appropriate work of the Website and the Services and to avoid any technical problems. They do not warrant that the Website or Services will be exempted from any failure of performance, error, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, server failure, theft or destruction or unauthorized access, alteration or use of record or under any other cause of action. 

The User acknowledges that the Company is not liable for action, defamatory or illegal conduct of other Users or third-parties on the Website and undertakes to keep the Company’s harmless and indemnified from any claim arising from such action or conduct.

Any special promotions announced on the Website shall be valid only according to the conditions and the times applicable and indicated, as the case maybe, to each of these promotions.

8.2.    Completed Auctions from the Website.
The bids that the User may select as winner on the Website are sold with the installer's limited warranty only. The claim for any defect has to be claim directly to the installer. All warranties and service vary by the installer and product. 

The Company shall not be liable for personal injury and property damage resulting from the improper installation by the Winner, the User or any other person following the selection of an auction’s Winner. 
In no event shall the Company be liable to the User or any person for any damages. 

9.    SYSTEM OUTAGE / TEMPORARILY HALTED AUCTIONS
A system outage has occurred if no bids can be submitted for auctions due to an unforeseeable disruption in a system. In such a case, auctions will be temporarily halted and the remaining times for the auctions, and the current bids will be maintained. After the disruption has been resolved, the auctions will be continued.

 The Website shall indicate when an auction has been temporarily halted. It is the User's responsibility to verify the time remaining on the countdown timer after an outage. 

Bidders who were bidding in auctions which were temporarily halted shall not have the right to a refund for costs incurred before the system outage.

The Company provides no guarantee of the uninterrupted availability of its website and technical systems.

10.    INTELLECTUAL PROPERTY OWNERSHIP
The Company owns and retains all intellectual property rights in the Website, its logos and design marks. All other intellectual property rights appearing on the Website are the property of their respective owners. Access and use of the Website and its services does not grant any right or license to the User on all material protected by intellectual property rights (For example: copyright material, trademarks, trade names, logos, images, patents).

11.    JURISDICTION
The Terms and Conditions, all activities of the Website, all claims or suits pertaining or relative to the present Terms and Conditions shall be governed by the laws applicable in the Province of British Columbia, Canada. Any legal action or proceeding related to the Website shall elect in the judicial district of Vancouver, province of British Columbia, Canada.

12.    GENERAL
The contract between the Company and User is binding on the parties and their respective successors and assigns. The contract cannot be transferred, assigned or otherwise disposed of without the Company's prior written consent.

The Company has the right to revise and amend these Terms and Conditions from time to time in its absolute discretion.

All Users will be subject to the policies and Terms and Conditions in force at the time that they have successfully created or bid for auctions listed on the Website. Unless any change to such policies or Terms and Conditions is required to be made by law or governmental authority, the Company will notify its Users of the changes to such policies or Terms and Condition before the Company sends information relating to installation.