After approval of your application for registration, in order to use this ROA Supplier Gateways Portal (Portal) you must agree to these terms (Terms of Use) by ticking this box.
1. In these Terms of Use:
(a) Affiliate means, in reference to a Person, any other Person which directly or indirectly controls or is controlled by the first Person or is directly or indirectly controlled by a Person that also directly or indirectly controls the first Person. A Person controls another Person if that first Person has the power to direct or cause the direction of the management of the other Person, whether directly or indirectly and whether by ownership of shares or other equity interests, the holding of voting rights or contractual rights, by being the general partner of a limited partnership, or otherwise.
(b) Person means a natural person, a partnership, a limited partnership, a trust, a body corporate, a governmental body, or an unincorporated venture.
(c) ROA means the Regional Oil Sands Operating Alliance (ROA), including any successor organization, comprising the ROA Members and operated by the ROA Operator.
(d) ROA Member means any Person which, from time to time, is a party to ROA.
(e) ROA Operator means Suncor Energy Oil Sands Limited Partner by its general partner Suncor Energy Inc. and its successors and assigns.
2. By registering on this Portal and by providing information with respect to your organization and its business, you will give ROA Operator and each ROA Member easy access to important information respecting your organization. In addition, you will gain access to view business opportunities which may be posted by ROA Operator and each ROA Member from time to time, and you may be requested, by ROA Operator or by any ROA Member, to submit responses, in accordance with all relevant requirements and procedures of ROA Operator or such ROA Member, in relation to those opportunities. While ROA Operator and ROA Members believe the Portal will be a useful tool to significantly increase business with small and medium sized enterprises, neither ROA Operator nor any ROA Member provides any guarantee or assurance of any kind that you will be invited to respond to any request or awarded any contract relating to the supply of any goods or services.
3. You must treat as confidential and not disclose any user identification code, password and other piece of information provided to you by ROA Operator to enable you to access this Portal. ROA Operator may disable any user identification code or password if, in ROA Operator’s reasonable opinion, you have failed to comply with any of the provisions of these Terms of Use.
4. ROA Operator may, from time to time:
(a) amend the Terms of Use by publishing a revised version of the Terms of Use on this Portal.
(b) suspend, withdraw or restrict the availability of all or any part of this Portal at any time.
(c)update and change this Portal.
5. When using this Portal you must not:
(a) violate any applicable law.
(b) make any false or misleading claim or statement.
(c) do anything which will or might interfere with the proper operation of this Portal.
(d) knowingly introduce viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful.
(e) attempt to gain unauthorised access to any part of this Portal, the server on which this Portal is stored or any server, computer or database connected to this Portal.
(f) upload, post or send any 'spamming material' or any other form of bulk communication.
(g) undermine or attempt to undermine the security or integrity of the computing systems or networks associated with this Portal.
(h) attempt to decompile or reverse-engineer any part of this Portal.
(i) do anything which violates, breaches or infringes upon the rights, including intellectual property rights, of any other Person.
(j) upload or post any material that is defamatory, threatening or obscene.
If ROA Operator, in its reasonable opinion, believes you have breached or attempted to breach any of these provisions, ROA Operator may:
(k) report this to the relevant law enforcement or regulatory authorities and co-operate with those authorities; and
(l) remove your access to and right to use this Portal and prevent you from re-registering.
6. ROA Operator
(a) excludes all implied conditions, warranties, representations or other terms that may apply to this Portal or any content on it; and
(b) will not be liable to you for any loss or damage (including for any indirect or consequential loss) whether in contract, tort, breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with your:
i. access to, termination of access to, use of or inability to use, this Portal.
ii. use of, or reliance on, any content displayed on this Portal.
You agree to release, indemnify and hold harmless ROA Operator and each ROA Member (and each of their directors, employees, agents, contractors and Affiliates) from and against any such loss or damage suffered.
7. ROA Operator is the owner or the licensee of intellectual property rights in this Portal, and in any content published on it. You must not reproduce, alter, modify or disseminate any part of the content of this Portal (including any trademarks or logos) without the prior written consent of ROA Operator. Such intellectual property rights are expressly reserved by their respective owner. In the event of a breach of this provision, your right to use this Portal will cease immediately.
8. Where this Portal contains links to other websites and resources provided by third parties (which ROA Operator may amend from time to time), these links are provided for your information only and such links should not be interpreted as endorsement or approval by ROA Operator of the content of those linked websites or resources or information you may obtain from them. ROA Operator has no control of those websites and resources and will not be responsible for the security, content, accuracy or otherwise of those websites or resources or information obtained from them.
9. You are not permitted to establish a link to this Portal in any website without the prior written consent of ROA Operator, such consent being in ROA Operator’s absolute discretion and on whatever terms and conditions ROA Operator may think appropriate. ROA Operator reserves the right to withdraw any consent granted without notice.
10. ROA Operator makes no representations, warranties or guarantees, whether express or implied, that the content on this Portal is accurate, complete, up to date or useful for any particular purpose.
11. Personal information posted to this Portal will be subject to applicable law
12. You grant to ROA Operator and to each ROA Member a worldwide, irrevocable, non-exclusive, royalty-free licence to use, edit, reproduce, adapt, publish, translate and distribute by any existing or future means any information/material you provide through this Portal for the purpose of evaluating your capability to supply goods and/or services to ROA Operator or any ROA Member and to enable ROA Operator and any ROA Member to collect, store and analyse this information/material for the purposes of internal analysis and reporting.
13. ROA Operator does not guarantee that this Portal will be secure and free from bugs or viruses. You should use your own virus protection software. You are responsible for configuring your information technology, computer programmes and platform to access this Portal.
14. These Terms of Use, your registration on and use of the Portal are governed by the laws in effect in the Province of Alberta. You agree to submit to the non-exclusive jurisdiction of the Courts exercising jurisdiction there in connection with matters concerning these Terms of Use.
15. This Portal is hosted in Montreal, Canada.