Terms & Conditions

 

These Terms and Conditions (the “Agreement” or “Terms”) and any other terms referred to herein regulate and control any access and use of https://metalprobuildings.com/ (the “Website,” “site”) owned and operated by Metal Pro™ Buildings ( “MPB,” “Company” “we,” “us,” “our”). By accessing and using our website and its services, all individuals or entities, including but not limited to general users, clients, customers, builders, and investors (“you,” “your,” – each a User) acknowledge and agree to be bound by these Terms and Conditions and our Privacy Policy. These Terms govern your use of our Website, Services, and Products, and any documents referenced herein form an integral part of this agreement. These terms and conditions apply to all website users, including but not limited to those who browse, visit, contact, or communicate with us. You acknowledge and agree to be bound by these Terms by accessing or using any part of the website. You may not use our website if you do not agree to the terms and conditions. Metal Pro™ Buildings reserves the right to modify these terms and conditions and the content of our website periodically without prior notice.

WHO WE ARE:

Metal Pro™ Buildings is a 100% Canadian owned and operated company in Ontario, ranking highest in the prefabricated steel building industry. We offer premium prefabricated steel building kits designed for residential, commercial, industrial, and agricultural applications (the” Products”) and relevant services (the “Services”).

GENERAL DISCLAIMER:

We offer our website and services on an “as is” and “as available” basis. We hold no accountability for best practices or how you use our website and its services. All provided information, including these terms and conditions, our privacy policy and other items on our website, are accurate and subject to change without notice. You understand and agree that, to the fullest extent permitted by law, we disclaim all warranties, representations, and endorsements, express or implied, concerning our website and its services, including, without limitation, implied warranties of title, merchantability, non-infringement, and fitness for a particular purpose. You assume all responsibility and risk concerning using our website and its services. We shall not be liable for any harm or damage, including indirect or considerable loss of data or interest or financial loss of revenue arising out of or connecting with the use of our website. In our sole discretion, we reserve the right to reject your access to all or any part of our website and its services at any time, for any or no reason, with or without prior notice, and without liability.

AVAILABILITY, SECURITY & ACCURACY OF OUR WEBSITE

We make no warranty that your access to our website and its services will be uninterrupted, timely, or error-free, as this cannot be guaranteed due to the nature of the internet. Also, we may occasionally need to conduct repairs and maintenance or introduce new facilities and functions. Access to the website may be restricted to you or all users temporarily or permanently at any time and without notice. We do not warrant the website’s compatibility with all hardware and software you may use. If the need arises, we may suspend access to our website and its services or close it indefinitely. We make no representation or warranty, express or implied, that information and materials on the website are correct, complete, accurate, up-to-date, fit for a particular purpose, and free from errors or omissions. To the extent permitted by law, we do not accept any liability for any errors or omissions.

BASIC TERMS OF USING OUR WEBSITE AND ITS SERVICES

Eligibility: To use or access our website and its services, you must be at least 18 years old or have the age of majority under your local law, and you have the legal authority to register on behalf of your organization.
International Users: Metal Pro™ Buildings controls, operates, and administrates from our offices in Ontario, Canada. You agree that you will not use our website and its services in any country or any manner prohibited by applicable laws, restrictions, or regulations.
License to Use Metal Pro™ Buildings Website and its Content: We hereby grant you a personal, non-transferable, non-exclusive, revocable, limited license to access, view, and use our website and its content.
User Communications: By filling out any forms on our website, you can receive communications regarding our product and services, including newsletters, special offers, and updates. You may opt out of these communications by following the “unsubscribe” link at the bottom of any email. We may use email and other communication systems to communicate with our Users.
User Representations: By using our website and its services, you hereby represent and warrant that (a) your use of our website and its services will strictly be in accordance with these terms and conditions, b) your use of our website and its services will not infringe or misappropriate copyright or other intellectual property rights of any third party, c) you have the legal capacity, and you agree to comply with these terms and conditions, d) you will not use our website for any illegal or unauthorized purpose, and d) your use of our website will not violate any applicable law or regulation.

INVOICE, PAYMENTS AND REFUND POLICY

Invoice/Purchase Order: Upon prior mutual discussion and agreement, we will send you an invoice/purchase order with an invoice number. You shall make the payment through our website as per the instructions outlined in the invoice/purchase order.
Payments: All payments will be shown in Canadian Dollars (CAD). You will be informed about any GST, taxes, delivery and shipping costs in the invoice. All payments are processed independently through third-party services. We accept payments online using Stripe, PayPal and Intuit merchant services. All payment and financial data entered by the user are encrypted. Confirmation of the payments by Stripe or PayPal or Intuit merchant services will be subject to authorization from the issuer. We may also collect payment information such as credit card/debit card details if payment through available methods fails or is refused by the payment service provider. Metal Pro™ Buildings shall not be obligated to fulfill the invoiced item. If we cannot successfully process any payments through the payment method you selected on our website, we may cancel your purchased order. You are strictly prohibited from making any payment or attempting to pay for the products with any fraudulent, illegal, or unlawful means.
Exchange/Refunds: Any refund/exchange terms will be outlined in the purchase order/invoice the customer receives.

DELIVERY AND SHIPPING POLICY

By using Metal Pro™ Buildings, you acknowledge and agree to the following delivery and shipping policy:
Coordination of Delivery and Shipping: We will arrange the delivery and shipping of your products to your designated shipping address. Upon mutual discussion, we will select the logistics and delivery time.
Shipping Charges: You will be responsible for covering all shipping charges associated with the delivery of the products. These charges will be clearly outlined in the Invoice/purchase order.
Our Liability Limitation: We will not be responsible for any delays, losses, or damages that occur during the shipping and delivery of products.

INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP

Without prejudice to any more specific provision of these terms, any intellectual property rights, such as copyrights, trademark rights, patent rights, and design rights related to this website and its content, are the exclusive property of Metal Pro™ Buildings and are subject to the protection granted by applicable Copyright, Patent and Trademark Law of Canada and other applicable international intellectual property law. All content or intellectual property, including but not limited to logo, design, image, trademark, service mark, icon, graphic, audio and video content, graphics, software, documentation, files, materials, applications, designs, tools, source code and all other content or materials (the “Materials”) used and published by us on our website are and remain the exclusive property of Metal Pro™ Buildings. Any materials displayed on our website are our property, or we are using with the owner’s permission. No content of our website may be copied, modified, distributed, framed, reproduced, republished, displayed, posted, transmitted, or sold in any form or by any manner, in whole or in part, without our prior written permission.

PROHIBITED ACTIVITIES

When using our website and its services, you must always behave in a peaceful, civil, prudent, and respectful manner. To use our website and its services, you shall not do or attempt to do anything illegal, prohibited by any laws, anything that we consider inappropriate, or anything that might bring our users or us into disrepute or legal consequences. You are strictly prohibited to
Act in a specious manner or Harass or stem any other user of our website;
Distribute “spam or Promote information that is false or misleading, or promote any illegal activities or conduct that is defamatory or otherwise objectionable;
“frame” or “mirror” any part of our website and its services;
Attempt to access our website by any means other than through the interfaces we have;
modify, adapt, sublicense, sell, reverse engineer, translate, or otherwise disassemble any portion of our website and its content or any software/tools used on our website.
post, submit, use, transmit, or distribute, directly or indirectly, in any manner or media any content or materials obtained from our website in connection with your use of our offered services in accordance with these terms and conditions;
post any comment or content that is offensive to the online community, indicates racism, influences gender discrimination, hatred, physical harm, or is otherwise objectionable or non-acceptable against any people, community, or individual;
Infringe our copyright to design, product images, videos, graphics or other content.
Taking part in any activities that are deemed to be void or illegal under the applicable law;

SECURITY

We adhere to widely accepted industry standards to ensure the security of our system. Our systems are regularly monitored for potential vulnerabilities and attacks, and we continuously explore new methods and utilize third-party services to enhance our system’s security further. Additionally, you must keep your browsers updated with the latest, safest versions.

PRIVACY POLICY:

You can view our privacy policy, linked at the bottom of our website. All policies regarding you or any of our Website users are outlined in our Privacy Policy, accessible at the bottom of our website or via this link: www.metalprobuildings.com/privacy-policy

MARKETING OPT-OUTS

If you are receiving any automated email, messages, or SMS through any electronic communication channels with special offers from us or any marketing communication or text message, you can unsubscribe through the unsubscribe button at the bottom of each email or by contacting us at [email protected] at any time. By using our Metal Pro™ Buildings, you consent to receive such automated emails, messages, or SMS unless you opt-out from receiving them.

LIMITATION OF LIABILITY:

You acknowledge and agree that your access to and use of Metal Pro™ Buildings is at your sole risk. We will not be liable to any of our users for any direct, indirect, incidental, special, or consequential damages resulting from using our website and its services. About the access and use of Metal Pro™ Buildings, you hereby acknowledge and agree that:
We reserve the right to restrict or limit the access or visibility of our website or its services to any of our users at any time.
Our liability will be limited to you or any other person for any direct, indirect, special, or consequential damages or losses resulting from using or being unable to use our website or its services.
These terms and conditions will be limited if any loss or damage arises because of any theft or stealing of property belonging to you or for any loss or damage in which you have any contribution to such loss or damage.
We will not be liable for any direct, indirect, incidental, punitive, special, or consequential damages, including lost profits, lost revenue, lost savings, loss of data, or any similar damages arising from your use of our website and its services.
We reserve the right to investigate and take appropriate legal action against anyone who violates any terms set forth herein.
Nothing in these terms excludes, restricts, or modifies any guarantee, condition, warranty, right, or remedy which the user may have under the consumers’ territorial consumer law and which cannot be excluded, restricted, or modified.

GOVERNING LAW AND JURISDICTION

These Terms and Conditions are construed by and will be governed in accordance with the laws of the Province of Ontario, Canada, without regard to conflicts of law provisions thereof and without regard to the other province/state and federal law of Canada and the United States, which and where it applies and needs to enforce these terms and conditions. You must fully comply with all applicable local, state, provincial, federal and international laws and regulations regarding using our website and its services. Any dispute or claim arising out of or in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the courts sitting in the province of Ontario. Canada.

CLASS ACTION WAIVER:

Subject to these terms and conditions, you hereby agree not to exercise your rights to participate in a class action or representative action concerning any claim or dispute arising out of or relating to the use of our website and its services.

COPYRIGHT INFRINGEMENT/DMCA POLICY:

We honour and comply with the Digital Millennium Copyright Act of 1998 (DMCA). We will remove infringing materials under the Digital Millennium Copyright Act (“DMCA”). If you believe that any content on our website infringes your copyright, please notify us in writing, providing the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner regarding the copyright interest;
A description of the copyrighted work that you claim has been infringed;
A description of the material that you claim to be infringing and where it is located on the service sufficient for us to locate it;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
We will expeditiously respond and conduct a proper investigation upon receiving a valid written notice. If we find copyright infringement, we will remove your content.

THIRD-PARTY LINK

Our website may contain links to third-party websites or resources. You acknowledge and agree that we shall not be liable for the availability or accuracy of such third-party links or resources or for the content, products, or services on or available from those external links. Linking with such third-party websites or resources indicates no affiliation with us. You are solely responsible for assuming all risks arising from using third-party websites, resources, content, products, or services on or available there.

CHANGES OR MODIFICATIONS

We reserve the right to modify and amend these terms and conditions at any time. Changes will take effect immediately upon being posted on our website. If we make any material changes to these terms and conditions, we will notify you through email. You acknowledge and agree to review these terms and conditions periodically and stay informed of any modifications.

MISCELLANEOUS

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Metal Pro™ Buildings due to these terms and conditions. We have the absolute discretion to transfer or assign all or any part of our rights under these terms and conditions. We shall have the right to delegate or use third-party contractors to fulfill our duties and obligations under these terms and conditions concerning using our website and its services.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Metal Pro™ Buildings, its employees, subsidiaries, partners, builders and investors against any claims, actions, demands, liabilities, and settlements, including, without limitation, reasonable legal or attorney fees, resulting from or alleged to result from your use of our website and its services We reserve the right to assume the exclusive defence and control of any demand, claim, or action arising under these terms and conditions or in connection with our website and its services.

SEVERABILITY

If there is a determination that any term or provision of these terms and conditions is deemed to be invalid, illegal, or unenforceable under any applicable law, that determination will not affect the rest of the part, term, or provision of these Terms and Conditions, and the terms and condition shall be deemed amended to the minimum extent necessary to make them valid and enforceable.

FORCE MAJEURE

We shall not be responsible for a delay in performing or failure to perform any of our obligations under these terms if such delay or failure results from events, circumstances, or causes beyond its reasonable control, such as a natural disaster, strike, blockade, war, act of god, riot, pandemic events, failure or diminishment of power or telecommunications or data networks or services, or refusal of a license by a government agency.

WAIVER

Our failure to exercise any right, obligation, or privilege under any terms of this document will not be construed as a waiver of any subsequent or further exercise of that right, obligation, or privilege or the exercise of any other right, power, or privilege.

NON-ASSIGNMENT

You shall not assign any of your rights or delegate any of your obligations hereunder without our prior written consent.

NOTICES

All notices and communications required or permitted under these Terms and Conditions shall be in writing to our address listed below or by email. Notice will be effective upon receipt of delivery of such notice.

HEADINGS

The headings in these Terms are for reference only and shall not affect the interpretation of these Terms.

ACCEPTANCE

Using our website and its services signifies your acceptance of these Terms and Conditions and our Privacy Policy.

CONTACT US

We have sole jurisdiction to explain these Terms and Conditions. Feel free to contact us at,
Metal Pro™ Buildings
Address: 55 Commerce Valley Dr W #502,
Thornhill, ON L3T 7V9, Canada
Email: [email protected]