Terms & Conditions

Last Modified: March 14, 2024

 

PayScore (“PayScore” or the “Website”) is a technology platform owned and operated by Prairie Digitech Ltd., a company headquartered in Alix, Alberta, that provides contractors with the opportunity to provide and access user-submitted reviews of a company’s payment promptness and ease of invoicing.

 

ACCEPTANCE OF THE WEBSITE TERMS AND CONDITIONS OF USE 

THROUGH CONTINUED USE OR VIEWERSHIP OF THE WEBSITE, PRODUCTS OR SERVICES (THE “SERVICE”), YOU (“YOU”, “USER”) AGREE TO BE BOUND BY THIS TERMS OF SERVICE (“AGREEMENT”) AND THE OBLIGATIONS AND REQUIREMENTS SET FORTH HEREIN.

The Agreement constitutes a legal contract entered between Prairie Digitech Ltd. (“Company”, “we”, “us”, “our”, “Prairie Digitech”) and User. The following terms and conditions, together with any documents and/or additional terms that are expressly incorporated by reference, govern your right to use the Service and the conditions that may apply to your use of the Service. If the Agreement or any terms of the Agreement are unacceptable to you, you must cease using the Service immediately. 

By using this Website, you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with the Company and meet all the foregoing eligibility requirements. If you do not meet all these requirements, you must not access or use the Website.

If you are using the Service on behalf of a company or organization, you represent that you have authority to act on behalf of that entity, and that such entity accepts this Agreement.

 

**IMPORTANT MESSAGE TO USERS**

PayScore serves to connect contractors and the companies that they may contract with for the purposes of contractors giving ratings of the companies that they have worked with pertaining to their payment practices. All users are expected to provide factual content and where applicable, responses. PayScore may keep the identity of contractors anonymous, but contractors are cautioned to ensure that their submissions are factual and truthful. Any user can be removed at any time, whether they have signed up for paid Services or not.

 

MODIFICATIONS TO THE AGREEMENT AND SERVICE

Prairie Digitech reserves the right, in our sole discretion, to revise and update this Agreement and any aspect of the Service from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Service. You agree to periodically review the terms and conditions in order to be aware of any such modifications and your continued use shall be your acceptance of these.

The website, assets, copy, information, and material on PayScore may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Service is restricted to Users or unavailable at any time or for any period.

 

SAFE USE OF THE SERVICE

The security of your personal information is important to us, and we use various measures to secure your personal information from accidental loss and unauthorized use. However, the safety and security of your information also depends on you. Users are responsible for obtaining their own access to the Service. Users are required to ensure that all persons who access the Service through a User’s internet connection are aware and comply with this Agreement. Full use of the Service, including content or areas of the Website, will require user registration. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to PayScore. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on PayScore.

The Website may from time to time contain links to third-party websites or resources. We do not endorse and are not responsible or liable for the availability or accuracy of such third-party services, or the content, products, or services available from such third-party services.

Your provision of registration information and any submissions you make to PayScore through any feature or functionality, including authoring for or viewing the rating system, and other such functions (collectively, “Interactive Functions”) constitutes your consent to all actions we take with respect to such information consistent with our Privacy Policy.

Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided an account, your account is personal to you and you agree not to provide any other person with access to the Service or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.

You are prohibited from attempting to circumvent and from violating the security of the Service, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to Users, hosts, servers, or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting PayScore’s owner’s ability to monitor the Website; (f) using any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Service via a denial-of-service (DOS) attack, distributed denial-of-service (DDOS) attack, flooding, mailbombing, or crashing; and (i) otherwise attempting to interfere with the proper working of the Website.

We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of this Agreement.

 

INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP

You understand and agree that the Service and its entire contents, features, and functionality, including, but not limited to, all information, software, code, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, website layout, selection, and arrangement, are owned by Prairie Digitech, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.

Prairie Digitech, PayScore, and all related names, logos, product and service names, designs, images, and slogans are trademarks of Prairie Digitech or its affiliates or licensors. You must not use such marks without the prior written permission of Prairie Digitech. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on the Service are the trademarks of their respective owners. Use of any such intellectual property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.

You may only use the Service for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Service, in any form or medium whatsoever; except your computer or browser may temporarily store or cache copies of materials being accessed and viewed.

Users are not permitted to modify copies of any materials from the Service nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials. You must not access or use for any commercial purposes any part of the Service or materials made available through PayScore.

If you print, copy, download, transmit or distribute any part of our Service in breach of this Agreement, your right to use the Service will cease immediately and you must, at our option, return or destroy any copies of the materials or content you have made. You have no right, title, or interest in or to the Service or to any materials or content on the Service, and all rights not expressly granted are reserved by Prairie Digitech. Any use of the Service not expressly permitted by this Agreement is a breach of this Agreement and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.

 

ROUTINE/PERMISSIBLE USERS

Routine users of PayScore include:

• energy service companies, contractors, suppliers
• construction contractors, subcontractors, suppliers
• logistics/trucking contractors

Non-routine users such as the following may be permitted to utilize PayScore after review and acceptance by PayScore:

• financial institutions
• oil and gas producers
• energy generators
• prime/general contractors

Selection or rejection of users is at the sole discretion of PayScore. By accepting this Agreement, you acknowledge that you/your company may be rejected from utilizing PayScore.  Rejection criteria may include but is not limited to: abuse or threats to PayScore employees, use of PayScore for the intent of false reputation damage, and use of PayScore as a means to penalize other Users.

 

SITE ETIQUETTE – USER PARTICIPATION AND LURKING

The PayScore calculated for each company is derived from user inputs. Users score companies based on effort of invoice submission and time to receive payment. Scores are to be based on firsthand interactions. Users are required to contribute scores. Another user’s scores help you, and your scores help them and so on. The effect is circular.

Lurking is the term used to describe users who never contribute scores but use PayScore to look up company scores. This behavior adds no value to the system or other users and is prohibited. Users found to be lurking or adding false scores may have their user privileges suspended without prior notification.

 

USER SUBMISSIONS 

As a condition of your access and use of the Service, you agree that you may use the Service only for lawful purposes and in accordance with this Agreement.

In many instances, Users of the site will register. If registering, Users must register and operate on the Service using their legal names and information. By registering for the Service, you hereby warrant and undertake that the information you provide PayScore during the registration process or update after registration is accurate and up-to-date. If any User Submissions (as defined below) becomes inaccurate after submission, the User hereby agrees to update the User Submissions as soon as reasonably practical.

PayScore facilitates some Users to submit reviews based on their interactions and assessments of a company’s payment terms and invoices and other Users to submit a company profile. The following content standards apply to any and all such submissions or other content a User submits, posts, publishes, displays, or transmits to the Service, to other Users or to other persons (collectively, “User Submissions“).

Any and all User Submissions must comply with all applicable federal, provincial, local, and international laws, regulations, and terms of service.

Without limiting the foregoing, you warrant and agree that your use of the Service and any User Submissions shall not involve, provide, or contribute any false, inaccurate, or misleading information. User Submissions shall not impersonate or attempt to impersonate any other person or entity. User Submissions shall not include any material that is harmful, abusive, discriminatory, or otherwise objectionable, such determination to be made in the Company’s sole discretion.

If User Submissions become inaccurate after submission, the User hereby agrees to update the User Submissions as soon as reasonably practical.

You understand and agree that you, not Prairie Digitech, nor Prairie Digitech’s parent, subsidiaries, affiliates, nor their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, or successors, are fully responsible for any User Submissions you submit, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Submissions submitted by you or any other user of the Service.

 

RIGHT TO MONETIZE 

By providing a User Submission to the Service, you hereby grant Prairie Digitech the right to monetize the User Submission for any lawful purpose and waive any entitlements to payments that result from monetization.

 

USER SUBMISSIONS: GRANT OF LICENSE

None of the User Submissions you submit to the Service will be subject to any confidentiality by the Company. By providing any User Submissions, you grant us and our affiliates, service providers and our respective licensees, successors, and assigns the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and according to your account settings and/or incorporate such material into any form, medium or technology throughout the world without compensation to you. You further waive any moral rights or other rights of authorship as a condition of submitting any User Submissions.

By submitting User Submissions, you declare and warrant that you own or have the necessary rights to submit the User Submissions and have the right to grant the license hereof to us and our affiliates and service providers.

 

SITE MONITORING AND ENFORCEMENT, SUSPENSION, AND TERMINATION

Prairie Digitech has the right, without provision of notice to:

• Remove or refuse to post on the Service any User Submissions for any or no reason in our sole discretion.
• At all times, take such actions with respect to any User Submission deemed necessary or appropriate in our sole discretion.
• Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Website or Service. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. 
• Terminate or suspend your access to all or part of the Service for any or no reason, including, without limitation, any violation of this Agreement. 

YOU WAIVE AND HOLD HARMLESS PRAIRIE DIGITECH LTD. AND ITS PARENT, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND ANY OF THE FOREGOING PARTIES RELATING TO ANY, INVESTIGATIONS BY EITHER THE COMPANY OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.

We have no obligation, nor any responsibility to any party to monitor the Service or its use, and do not and cannot undertake to review User Submissions. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws. 

 

NO RELIANCE 

The content on PayScore is generated by its Users and is shared for general information purposes only. It is not intended to amount to professional advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on our site.

Although we make reasonable efforts to update the information on PayScore, we make no representations, warranties, or guarantees, whether express or implied, that the information on the Service is accurate, complete, or up to date. Your use of the Service is at your own risk and neither the Company nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever for your use of the Service.

The Service may include content provided by third parties, including from other Users and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials or User Submissions do not necessarily reflect the opinion of Prairie Digitech. Prairie Digitech nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.

 

PRIVACY & COOKIES

By submitting your personal information and using the Service, you consent to the collection, use, reproduction, hosting, transmission, and disclosure of any such User Submissions submissions in compliance with our Privacy Policy.

By using the Service, you are consenting to the use of cookies which are placed for marketing purposes, to optimize performance and to increase load times of the site, by allowing a server to recall previous requests or registration and/or IP addresses to analyze website use patterns. You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it. You can also set your browser to turn off cookies. If you do, however, some areas of the Service may not function adequately. For more information on these automated information gathering practices, see Privacy Policy.

 

THIRD-PARTY WEBSITES AND LINKS

For your convenience, PayScore may provide links or pointers to third-party sites. We make no representations about any other websites that may be accessed from PayScore. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.

 

ONLINE PURCHASES

All orders, purchases or transactions for the sale of goods or services made using the Service are subject to the information provided on the Website and at the point of purchase, in addition to this Agreement.

 

GEOGRAPHIC RESTRICTIONS

The owner of the Service is based in Alberta, Canada. We provide the Service for use only by persons located in Canada. The Service is not intended for use in any jurisdiction where its use is not permitted. If you access the Service from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.

 

DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE OR SERVICE ARE PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

NEITHER THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS REPRESENT OR WARRANT THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

 

LIMITATION ON LIABILITY

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.

 

INDEMNIFICATION

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your breach of these Terms and Conditions or your use of the Website, including, but not limited to, your User Submissions, third-party sites, any use of PayScore or Prairie Digitech’s content, services, and products other than as expressly authorized in these Terms and Conditions.

 

GOVERNING LAW AND CHOICE OF FORUM

The Service and this Agreement will be governed by and construed in accordance with the laws of Alberta and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule. Any action or proceeding arising out of or relating to the Service and under this Agreement will be instituted in the courts of Alberta and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

 

WAIVER 

Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement operates, or may be construed, as a waiver thereof; and no single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

 

SEVERABILITY

If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

 

ENTIRE AGREEMENT

This Agreement and our Privacy Policy constitute the sole and entire agreement between you and Prairie Digitech regarding the use and access of the Service and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.

 

REPORTING AND CONTACT

This website is operated by Prairie Digitech Ltd. of Alix, Alberta. 

Should you become aware of misuse of the website including libelous or defamatory conduct, you must report it to the Company at [email protected]. All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to [email protected].