Terms of Use

TERMS AND CONDITIONS

Last Modified: July 2019
1.  SERVICE OVERVIEW
1.1 Thank you for signing up for GetGranted (“GetGranted”, “We” or “Us”) and our website GetGranted along with other services provided by us (collectively, the “Service”). These Terms of Service are a legally binding contract between you and GetGranted regarding your use of the Service.
1.2. Please review these terms (the “Agreement”) carefully.
1.3. By accessing or using the Service offered by Us you are confirming that you have read, understand and accept this Agreement.
1.4. We reserve the right to change these Terms on a going-forward basis at any time without notifying you.
1.5. Modifications will become effective upon the earlier acceptance of the modified Terms, your use of the Service with the actual knowledge or the modified Terms, or 30 days after our publication of the modified Terms on our website https://getgranted.ca/terms-of-use/
1.6. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that were in effect at the time the dispute arose.
1.7. You are responsible for regularly reviewing the most current version of this Agreement, which is published at: https://getgranted.ca/terms-of-use/
1.8. Though we will notify you of any changes that, in our sole discretion, materially impact this Agreement, continued use of the Service after any such changes have been made will constitute your consent to such changes.
1.9. When we change this Agreement, we will update the “Last Modified” date above.
1.10. By using our Service, you confirm that:
(a) You will only use our Service for business and professional reasons;
(b) You are at least 19 years old or otherwise able to enter into a legally binding agreement;
(c) You accept and will comply with this Agreement;
(d) If you are using our Service as a representative of an organization, you have the power to enter into legally binding agreements for the organization; and
(e) You are responsible for anyone that uses our Service through your account, such as your employees, consultants or contractors (“Authorized Users”).
2.  TERMINOLOGY
2.1. "App” means the mobile application we make available for you to use on mobile devices.
2.2.  “Account” means a unique account created for you or employees of your company to access the Service.
2.3. “Authorized users” means anyone (individual or company) that You authorize to access Your Software Service account.
2.4. “Customer(s), User(s), You, Your”: and similar terms whether capitalized or in lower case means the person or legal entity assessing or using our Services. To avoid doubt, if you are accessing and using the Service on behalf of a company (such as Your employer) or other legal entity, You, Your, or Customer means the company or other legal entity that you are using the Software Service on behalf of.
2.5. “Customer Data” means all data, information, content or material submitted by Customer or on behalf of Customer in connection with the use of the Software Service, storage space and/or the Account.
2.6.  “Funding Entities” means services that are not provided by GetGranted but that you may access or use in connection with our Services such as government entities or agencies. They include the Grant sites, which are the funding entities for the grants. GetGranted does not sponsor the funding. GetGranted is not affiliated with and does not represent the Funding Entities.
2.7. “Terms” means these terms and conditions.
2.8. “Third-Party Services” means services that are not provided by GetGranted but You may access in connection with our Software Service.
2.9. “Software Service” or “Service” means the software “GetGranted” that you subscribe to and/or use through our website or mobile app.

3.  Our services

3.1.  GetGranted provides a grant matching service that enables companies to look for grants that match their business profile.
3.2.  We are not a part of or affiliated with the Government of Canada or any of the organizations or entities providing the grants. You cannot use GetGranted to dispute disagreements with the Funding Entities.
3.3. We are a third-party organization that is aggregating and summarizing this information and providing it to you on a best-efforts basis.
3.4. We provide automated notifications for grants for which we believe our Users may qualify.
3.5. GetGranted also creates summaries of Funding Entities in the form of text and videos.
3.6.  Additional consulting time can be purchased to assist with the grant process.
3.7. The notifications we provide you may only come once per week. We do this so as not to inundate you with e-mails, but it means there may be a delay between when a grant becomes available and when we notify you about the grant.
3.8. You agree that we are not liable or responsible in any way for the results of any delays in providing this information to you.
3.9. You agree to receive all e-mails and follow-ups from us regarding the Services.
3.10. All opinions and evaluations expressed on GetGranted or as part of its services are a matter of opinion and are not fact. More specifically, the analysis of the grants and their respective suitability for various applicants is our opinion and not the opinion of the grant providers and those who make the decisions on assigning the grants.
3.11. Information on GetGranted comes from many different governmental departments and agencies, as well as external sources. Every effort is made to ensure the accuracy, currency and reliability of the content. However, at any time, some details may not yet reflect recent changes. GetGranted assumes no responsibility for the availability, accuracy, completeness or timeliness of any of the information, or for the fitness of such information for any particular purpose.
3.12. Users agree to indemnify and hold harmless GetGranted and its officers, directors, employees, agents and subcontractors for any loss, damage, cost, expense, liability or claim suffered or incurred by, or made against, GetGranted arising out of our breach of this Agreement, or user fraud, misrepresentation, negligence or wilful misconduct under this agreement.
3.13. GetGranted is not responsible for the outcome of funding applications or User ability to find funding programs.
3.14. Always refer to the official grant site for updated terms of how the grant works. We bear no responsibility if a User fails to get the grant.
4.   Third Party
4.1. This Service may contain links and references to websites of others.
4.2. GetGranted may, from time to time, at our sole discretion, add or remove links to other websites. These links are provided solely as a convenience to you, and access to any such websites is at your own risk.
4.3. You are recommended to review the information provided by third parties (such as, but not limited to, the terms of service and privacy policy of the relevant website) before accessing such websites.
4.4. GetGranted does not review, approve, monitor, endorse, warrant, or make any representations with respect to such websites.
4.5. In no event will GetGranted be responsible for the information contained in such websites, their practices or for your use of, or inability to use, such websites, or transmissions received from such sites.
4.6. You expressly relieve GetGranted from any and all liability arising from your use of any third-party website. We encourage you to be aware when you leave our site, and to read the terms and conditions and privacy policy of such other website/s that you visit.
4.7. Save to the extent required by law, GetGranted has no special relationship with or fiduciary duty to you.
4.8. It is understood and agreed that GetGranted has no control over, and no duty to edit or review for accuracy or appropriateness of any information or data provided by you or information provided by any supplier offering services or programs by means of the Service (“Third Party Suppliers”).
4.9. GetGranted does not provide any warranty whatsoever, neither on behalf of itself nor on behalf of any Third Party Supplier, with respect to any services of Third Party Suppliers. It is hereby made explicitly clear that GetGranted shall not be held responsible for any acts and/or omissions on the part of any Third Party Supplier.
5.  Limitation of liability
5.1. GetGranted will not be responsible or liable for any damages or viruses that may infect a User's computer equipment or other property as the result of access to our app, website, downloading any of its content or use of our Services.
5.2.  GetGranted works best with web browsers, specifically, it is designed to work best with Chrome, FireFox and Safari. We do not guarantee that it will work properly through any other browsers.
5.3. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL GETGRANTED BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, LOSS OF BUSINESS INFORMATION, AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES EVEN IF GETGRANTED HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
5.4.  IN NO EVENT WILL GETGRANTED’S CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SERVICES OR THE USE OF THE SERVICES EXCEED THE AMOUNT YOU PAID FOR THE SERVICES.
6. Payment; payment Processing; No Refund
6.1.  Users acknowledge that the payment of service fees, where applicable, is made in advance of payment deadlines. All payments are non-refundable.
6.2. GetGranted will suspend the accounts and services of users until late payments have been received.
6.3.  Users are responsible for providing their current invoicing address and/or email address. GetGranted shall bear no responsibility or liability for failure to do so.
6.4. GetGranted displays the prices of its Products and Services on the purchase page on its website at https://getgranted.ca/pricing. Pricing and availability of all Products and Services are subject to change at any time. All services are modular and can be purchased separately.
6.5. We may not display all our special pricing or offers on our website. Some of these may only be sent via e-mail and not all Users may receive these.
6.6. All fees will be agreed upon by GetGranted and Users through GetGranted’s pricing page or through written communication prior to Service delivery.
6.7. Payments can be made through credit card including Visa, Mastercard and American Express. Payments through these methods alone via GetGranted are authorized and recognized. GetGranted may add or remove payment processing methods at its sole discretion and without notice to you.
6.8.  You agree to pay for any Services that you order and that GetGranted may charge your credit card or other form of payment that you indicate for any products and Services ordered, along with any additional amounts (including any taxes). You agree that you are solely responsible for all fees associated with purchases you make on GetGranted.
6.9.  Some of the Services you may have purchased result in automatic billing after a trial period. If you do not want to continue the Service, you are responsible for cancelling your trial within the period specified before automatic billing commences.
6.10.  You are responsible for paying all taxes on all the fees that you pay to us. Please note that depending on your payment method, local tax may differ.
6.11. Changing Credit Card Information. Changes in credit card information must be updated by You or communicated ten (10) business days before the end of the applicable billing cycle. Notification of these changes should be made via your billing and subscription page. Any changes received after this deadline can only be reflected in the following month's withdrawal. If your payment is declined for whatever reason, GetGranted reserves the right to cancel your subscription until payments have resumed.
7.  Price Changes
7.1.  When you purchase a subscription, you will initially be charged at the rate applicable at the time of your agreement to subscribe. If the price of the subscription later increases, GetGranted will notify you and give you the option to accept or decline the price increase as described below.
7.2. The increase will apply to the next payment due from you after the notice, provided that you have been given at least 30 days' prior notice before the charge is made.
7.3.  If you are given less than 30 days' prior notice, the price increase will not apply until the payment after the next payment due.
7.4. If you do not wish to pay the increased price for a subscription, you may cancel the subscription on your billing and subscription page. You will not be charged further amounts for the subscription, provided you have notified us no later than 30 days after the change has been made.
7.5. If your subscription is cancelled and you later decide to re-subscribe, you will be charged at the then current subscription rate.
8.  Using your account
8.1. Users are obliged to:
(a)  keep usage and access authorizations assigned to them a secret, protect the password against access by third parties and to not disclose them to unauthorized users.
(b) notify GetGranted without undue delay in case of any suspicion that unauthorized persons might have obtained knowledge of access data and/or passwords;
(c) Comply with the restrictions/obligations with regard to these Terms and to prosecute any violations of these obligations effectively and with the objective of preventing future violations;
(d) Check data and information for viruses and other malware prior to sending data and information to Us and to implement anti-virus programs in accordance with the state of the art; and
(e) Notify Us of defects in contractual performances by email at help@granted.ca immediately (no later than the following working day) after obtaining knowledge thereof.
8.2. If any information provided during registration is inaccurate (or if GetGranted has reasonable grounds to believe so), then GetGranted has the right to suspend or terminate the account and refuse to grant the user further access to its Services.
8.3. Users are responsible for any activities that take place under their name and password. If users become aware of any unauthorized use of their password or account, or any other breach of security, they must cancel their account immediately. It is up to the user to maintain the confidentiality of their password and account. GetGranted is not liable for any loss or damage arising from user failure to comply with the provisions of these terms
8.4. Use Restrictions. Users may use the Services solely for their own internal business operations. Except as otherwise explicitly provided in this Agreement, Users will not, and will not permit or authorize third parties to:
(a)  license, sublicense, sell, rent, lease, or otherwise permit third parties to use the Services;
(b) use the Services to provide services to third parties (e.g., as a service bureau);
(c) circumvent or disable any security or other technological features or measures of the Services;
(d) to decrypt, decompile, disassemble, reconstruct or otherwise attempt to discover the source code, any software or proprietary algorithms used, except as permitted under mandatory applicable laws, reverse engineer any element of the GetGranted Service, or use the Services or any of our Confidential Information (as defined below) to compete with the Services;
(e) modify, adapt or hack the Services to falsely imply any sponsorship or association with GetGranted, or otherwise attempt to gain unauthorized access to the Services or its related systems or networks;
(f) use the Services in any manner that interferes with or disrupts the integrity or performance of the Services or the components of the Services;
(g) use the Services to knowingly post, upload, link to, send or store any content that is defamatory, libelous, fraudulent, derogatory, abusive, obscene, unlawful, hateful, harassing, violent, threatening, racist, or discriminatory, or that contains any viruses, malware, Trojan horses, time bombs, or any other similar harmful software or to otherwise interfere in the proper functioning of the Service;
(h) attempt to use any method to gain unauthorized access to any paid features of the Service or access to non-public areas of the Service or to the technical systems on which the Service is based;
(i)  to test, scan, or examine the vulnerability of the Service, or use automated scripts to collect information from or otherwise interact with the Service;
(j) to use robots, spiders, scrapers or other similar data collection or extraction tools, utilize programs, algorithms or methods to search, access, acquire, copy, or monitor the Service;
(k) to intentionally utilize devices, software or routines which have a disruptive effect on the applications, functions or usability of the Service or willfully destroy other data, systems or communications, generate excessive load, or harmfully interfere, fraudulently intercept or capture any of our confidential information or that of our users;
(l)  deep-link to the GetGranted website for any purpose (other than GetGranted’s home page), unless expressly authorized in writing by GetGranted; or
(m) impersonate any other user of the Services.
8.5. Users are not permitted to share access to their accounts and if we discover that this has occurred, the User will forfeit the right to use the Service in the future and no compensation will be provided in respect of a refund the annual or monthly fee in the case where users share their login with any third party.
9.  Cancellations
9.1. To cancel your subscription visit your billing and subscription page.
9.2. If you purchase an annual-recurring periodic subscription to our Service, you may cancel that subscription at any time before the end of the applicable billing cycle, and the cancellation will apply to the next period. For example, if you purchase an annual subscription, you may cancel that subscription at any time during the subscription, and the subscription will be cancelled as of the following billing date.
9.3. If you cancel, you will not receive a refund for the current billing period.
9.4.  Once a subscription is cancelled, Users may lose the existing data attached to their account as well as any email reminders for new grants from the date of cancellation onwards.
9.5. GetGranted reserves the right to retain all data associated with Users who cancel their Service.
10. Termination
10.1. We may refuse to provide service to anyone for any reason at any time. We may also immediately suspend or terminate your access to our Service for any reason, at any time, without notifying you in advance.
10.2. If we terminate your access to the Service because you violated these Terms, you will NOT receive a refund.
10.3. If we terminate your access to GetGranted Services under this section for no reason, we will refund you the unused portion of the Services for which you have subscribed.
10.4. Users who pay for a full year, can downgrade their account to a monthly fee structure. Any credits that exist must be used by the original termination date of your annual contract.
11. COPYRIGHT, PERMISSION TO REPRODUCE AND THIRD-PARTY MATERIALS
11.1. Materials on our website, in our App or in GetGranted’s newsletters and communications are produced and/or compiled by Granted Consulting Inc. for the purpose of providing users with direct access to information about government funding in Canada. The material on this site is covered by the provisions of the Copyright Act, by Canadian laws, policies, regulations and international agreements. All copyright, trademark and other proprietary rights notices included in the website belong to Granted Consulting Inc.
11.2. Some of the materials and graphical elements found on GetGranted are subject to copyrights held by other organizations. In such cases, restrictions on the reproduction of materials or graphical elements may apply; it may be necessary to seek permission from the author or copyright holder prior to reproduction.
11.3. The following are trademarks of GetGranted: Granted Consulting
12. Hyperlinks or our site and in our app
12.1.Links to other websites or references to products, services or publications may not imply endorsement or approval from us. We are not responsible or liable for the content presented on these links, including advertising claims, endorsements or names. These websites are not part of our website. We have no control over their content or availability.
13. Privacy
13.1. GetGranted is committed to ensuring the protection of user privacy through responsible personal information practices. The GetGranted website only collects specific personal information from users (such as name, phone number or email) if they supply it.
13.2. Users agree that as part of the service, they may receive certain communications from GetGranted or its strategic partners.
13.3. Communications may include account creation confirmations, service announcements, administrative messages, alerts, newsletters and commercial offerings from GetGranted or its partners.
13.4. Users may, at any time, request to be removed as users. Any personal information provided by users is protected under federal privacy laws.
13.5. When a user registers for paid services, they recognize that they may be asked to share potentially sensitive information about their company or projects, which may include growth objectives, financial projections and a business plan. GetGranted will only share this information with the expert assigned to the company's file.
13.6. Definition of Confidential Information. For the purpose of this Agreement, “Confidential Information” means non-public information of GetGranted or the User disclosed by either party to the other party, either directly or indirectly, in writing, orally or by inspection of tangible objects, or to which the other party may have access, which (i) a reasonable person would consider confidential or (ii) is marked “confidential” or “proprietary” or some similar designation by the disclosing party. Confidential Information will not, however, include any information that (i) was publicly known and made generally available in the public domain prior to the time of disclosure by the disclosing party; (ii) becomes publicly known and made generally available after disclosure by the disclosing party to the receiving party other than as a result of a violation of this Agreement by the receiving party; (iii) is already in the possession of the receiving party at the time of disclosure by the disclosing party, as shown by the receiving party’s files and records; (iv) is obtained by the receiving party from a third party without a breach of the third party’s obligations of confidentiality; or (v) is independently developed by the receiving party without use of or reference to the disclosing party’s Confidential Information, as shown by documents and other competent evidence in the receiving party’s possession.
13.7. Protection of Confidential Information. The receiving party shall not disclose, use, transmit, inform or make available to any entity, person or body any of the Confidential Information, except as a necessary part of performing its obligations hereunder, and shall take all such actions as are reasonably necessary and appropriate to preserve and protect the Confidential Information and the parties’ respective rights therein, at all times exercising at least a reasonable level of care. Each party agrees to restrict access to the Confidential Information of the other party to those employees, advisors, agents and other representatives who require access in order to perform its obligations hereunder and who agreed to be bound by these obligations of confidentiality and non-disclosure.
14.  Data Protection
14.1. The Parties shall comply with the applicable provisions of data protection law and commit their employees engaged in connection with this Agreement and the execution thereof to data protection, except to the extent that they are already under a general obligation to act accordingly.
14.2. GetGranted shall only process personal data of the User to the extent required to execute this contract. User consents to the processing of such data to this extent.
14.3. GetGranted has put a number of technological protections in place to ensure online transactions completed on the site are safe and that user information is secure. GetGranted’s Secure Sockets Layer (SSL) software is the industry standard for secure online commerce transactions and data encryption. You further authorize GetGranted to store your credit card information in the third party services used by GetGranted (Calendy and Stripe).
15. Official Languages, Questions, and Feedback
15.1. GetGranted’s website and services are available in English.
15.2. GetGranted encourages media to contact us at info@granted.ca
15.3.  Complaints or inquiries can be sent to help@granted.ca
15.4. GetGranted welcomes any comments, bug reports, feature requests, suggestions or other feedback (“Feedback”) in any shape or form. GetGranted has no obligation to keep Your feedback confidential. By providing Feedback to Us, you grant GetGranted a non-exclusive, worldwide, irrevocable, transferable, royalty-free, perpetual, fully paid-up license to use your Feedback for any purpose.
15.5. We will only e-mail you from the following domains: @granted.ca or @getgranted.ca. We are not responsible for any information you send to e-mail addresses that may be impersonating us and are not from one of these domains.
16. Use of terms and headings
16.1. The headings in this Agreement are aids for speedy reference, and have no legal significance.
16.2. The headings are not part of the Agreement and may not be considered for the purpose of interpreting it.
17. Applicable Law
17.1. This Agreement will be governed by and interpreted in accordance with the laws of the Province of British Columbia. The Parties hereby irrevocably attorn to the courts of the Province of British Columbia to handle all disputes in connection with this Agreement, including any document to be delivered hereunder.
18.  Successors and Assigns
18.1. This Agreement will ensure to the benefit of and be binding upon the parties and their respective successors and permitted assigns.
19.   Severability
19.1. If any provision of this Agreement is determined to be illegal or unenforceable, such provision will be ineffective to the extent of such illegality or unenforceability, but will not invalidate or affect the validity or enforceability of the remaining provisions of this Agreement.