Terms and Conditions

Swiftender.com (the Site) is a service wholly owned, operated and provided by OasisCode Inc. (the “Company”, “Swiftender”,“we”, “us” or “our”). The Site and its various webpages, features, tools and applications (the “Services”) are offered to you conditionally upon on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms").

Your use of the Site and the Services constitutes your agreement and compliance with all such Terms. If you do not agree with these Terms, you are prohibited from using the Site or any of the Services. Your sole remedy if you disagree with the Terms is to discontinue using the Site and Services. If you are using this Site on behalf of your employer or a legal entity, you represent and warrant that you are authorized to bind your employer or that legal entity to these Terms. In addition, these Terms apply to and are binding on any user that is authorized by said employer or legal entity to access or use the Services.

Description of the Site and Services

Swiftender is a communications platform that allows registered users (e.g. general contractors) to electronically upload and distribute bid and tender information for construction projects. These are commonly referred to as Requests for Proposal (RFP). The project information and supporting documents for these projects are referred to here as RFP content. The Site and Services also allows non-registered users (e.g. subcontractors) to access and download RFP content as provided and distributed by registered users.

The Site and Services can also be used by project managers, engineering consultants, specialized service providers, government agencies, not for profits, independent contractors and other entities associated with the construction industry. These Services include but are not limited to: internal communications within your company or organization, external communications with current or prospective business partners, supplier data and/or analytics.

Subscription Services

Swiftender is offered as a paid subscription only. You must be a registered user with an account in good standing or a non-registered user invited to review RFP content in order to use the Site or Services. Users of the Site and Services must be at least eighteen (18) years of age. Each registered user requires unique login credentials consisting of a unique identifier (e.g. email address) and a unique password to access and/or use the services. Multiple individuals may not share accounts assigned to a single registered user unless they share a single email address. You may assign or otherwise transfer your account to any other person or entity by updating your subscriber and payment information on the Site. We reserve the right to limit, restrict or deny assigning or transferring of accounts at our sole discretion without exception, explanation or prior notice.

As a registered user of the Site, you are responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur using your account. Specifically, you understand and acknowledge that Swiftender is not responsible for third party access to your account that results from theft or misappropriation of your unique account id, password or other login credentials.

To use any of the Services, you must open an account at swiftender.com/signup. You will be required to provide company, contact and/or user information, a valid credit card that you are authorized to use for the Services, the number of registered users you require. You will also be required to agree to the terms and conditions and select either a monthly or annual subscription plan.

In some cases alternate payment methods (e.g. EFT, money order, certified check) may be acceptable alternate payment methods. If you have questions regarding alternate payment methods, please contact us c/o sales @ oasiscode.com.

Fees and Cancellation

Fees for all Services are charged monthly or annually in advance. You agree to pay all applicable fees related to your purchase of the Services. Unless your account is terminated or suspended, your contract to use Swiftender Site and Services will renew automatically in perpetuity on the monthly or yearly anniversary of your first payment.

Monthly subscriptions are cancellable at any time and if cancelled, will terminate at the end of the month when the cancellation is requested. Annual subscriptions are non-cancellable prior to the end of the specified term.

We may suspend or terminate your account or access to the Site or the Services if your payment is late or your payment method cannot be processed.

Monthly subscribers can add or decrease the number of registered users on their account at any time. Annual subscribers can add or decrease the number of registered users on their account prior to their renewal date. If you have questions regarding fees or cancellations, please contact us c/o sales @ oasiscode.com.

Provision of Services

Swiftender typically does not monitor or review the RFP content uploaded or accessed using the Site or Services and has no obligation to do so. However, we reserve the right to review all materials posted to the Site or a Service and to remove any content at our sole discretion without exception, explanation or prior notice.

Swiftender reserves the right to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request at our sole discretion without exception, explanation or prior notice. All materials uploaded to the Site or Services may be subject limitations on usage, file size, reproduction and/or dissemination.

Use of the Site and Services

Swiftender grants a limited, non-exclusive license to access and use the Site and Services in accordance with these Terms. We reserve the right to refuse or cancel access to the Services, terminate accounts, or remove or modify any part of the Site or Services at any time at our sole discretion without exception, explanation or prior notice. Swiftender assumes and shall have no liability or responsibility whatsoever to any user, company, organization or entity related to, or arising out of, any use of the Site and/or Services or termination of access to the Site and/or Services.

You agree and acknowledge that you will not use the Site or Services for any purpose that is unlawful or prohibited by these Terms or in any manner which could damage or disable the Site or interfere with its operation or negatively impact any other party's use of the Site or Services.

You may not access the Site or the Services for purposes of reposting or reproducing any content displayed or stored on the Site or to facilitate the representation of the Site or Services on any third-party website or application. You will not create any modified, translated or derivative works based on any component of the Site or Services.

You may not access the Site or the Services for purposes of obtaining access to any content, user data, project data, company information, object code, source code, algorithms or other proprietary information, tools, business processes or strategies to which you do not have express written permission from the Company to obtain and/or possess. For clarity, you are expressly prohibited from accessing any data from the Site or Services that is not displayed within your registered user account or as provided by an intended communication via the Site or Services to a non-registered user. You may not access any information from the Site or Services in any way that is not expressly made available through the Site’s common account user interface and you may not circumvent the navigational structure of the Site.

You may not use any technology, programs, algorithms or methodologies whether manual or automated to recreate, reverse engineer, disassemble, access, copy, modify or monitor any portion of the Site. You may not attempt to gain unauthorized access to any part of the Site or Services using any means whatsoever including tactics that might be commonly referred to as “hacking”.

The Site and the Services allow registered users to upload RFP content for the purpose of obtaining bids for construction projects. These can include but are not limited to documents, specifications, photos, diagrams, drawings, artwork and notes. Registered users are solely responsible for the content they upload and distribute using the Site or the Services. If you are a registered user uploading and distributing RFP content using the Site or Services, you warrant that you own or otherwise control all of the rights to the materials and you are authorized by your company, organization or entity to disseminate the information. Non-registered users are solely responsible for the content they access and download. If you are a non-registered user accessing or downloading RFP content using the Site or Services, you warrant that you are authorized by the company, organization, project manager or entity providing the RFP to access and/or possess their RFP content.

Swiftender does not verify, validate or confirm the accuracy of any content displayed, stored or distributed using the Site or Services. Swiftender is not a representative, consultant, contributor, investor or agent for any party either submitting RFP content or responding to an RFP and does not make any representation or warranty regarding any RFP or related content or information accessed using the Site or Services.

In using the Site or Services, you specifically accept and acknowledge that you have a responsibility to independently verify any and all information you access when using the Site or Services. Swiftender has no responsibility whatsoever for any errors, omissions or inaccuracies in any RFP content, company data, electronic communications or responses to any RFP.

Use of Data

You grant to Swiftender and its affiliated companies, technology partners and third party service providers a non-exclusive, perpetual, irrevocable, royalty-free, and fully transferable worldwide license to use your company information and RFP content for purposes of operating the Site and providing the Services.

For clarity, this license means you give us the right to store and use the information you provide to deliver the Site and Services. This does not transfer ownership of your proprietary project documents. These remain your property and will be kept confidential.

This license does include an unrestricted and unlimited right for us to modify, process, adapt and store any non-proprietary data you upload or otherwise provide to us (e.g. companies, contacts, addresses, telephone numbers, contractor classifications).

This license also means we can make changes to the data we collect if necessary. These adaptations might be needed to make data accessible in our systems, to display properly in certain web browsers or devices, or to be periodically updated for improved accuracy. We may also use the data you upload or otherwise provide to create new or improved versions of the Site and Services.

If we disclose any of the information you upload or otherwise provide, it will be restricted to employees, independent contractors and third party service providers we use to provide the Site and Services, or for systems maintenance, technological development, data science, performance analytics or similar functions. We require all of our contractors and service providers to adhere to the same confidentiality commitment we make to you.

Further, registered users determine who receives their RFP content for any given project so distribution (e.g. between general contractors and subcontractors) is only facilitated as you indicate.

Finally, we may occasionally share the Site and Services statistical or demographic information on an anonymous and aggregated basis for the purposes of developing new features, enhancing existing services or for marketing, public relations, investor communications or sales purposes.

Secondary Transmission of Data

Swiftender facilitates communication of construction RFP opportunities primarily by email and allows for downloading of RFP content. In using the Site and Services, you accept and acknowledge that once RFP content is downloaded, any further dissemination of this information is not under the control of Swiftender. For clarity, when you use the Site or Services to distribute RFP content, we cannot stop your chosen recipients from sharing it further.

External Links and Third Party Services

The Site may contain links to other websites ("Linked Sites", “Third Party Services”). Swiftender does not control or administer any of these Linked Sites. If we have a monetary or compensatory relationship with any Linked Sites (e.g. affiliate links) that will be disclosed on the page containing the links. We are not responsible for the content or services found on any third party website.

Some Site and/or Services features may be provided by our third party technology partners (e.g. shared or social login credentials). You accept and acknowledge that Swiftender does not manage these services and only provides them as a convenience to enhance your user experience. Further, you accept and acknowledge that we may share data with these partners. We require all of our service providers to adhere to the same confidentiality commitment we make to you.

Intellectual Property

All content, graphics, images, logos, design elements, code and algorithms accessible from Site or Services is the property of Oasis Code Inc. or its suppliers and protected by copyright, trademark, and other intellectual property laws. You accept and acknowledge that use of the Site or Services does not grant you any ownership, permission or license to use, replicate, or display any elements of the Site or Service unless expressly provided in writing by OasisCode Inc.

Prohibited Use of the Site and Services

Registered and non-registered users must at all times comply with all applicable laws, rules and regulations in using the Site or Services. The following activities are prohibited uses of the Site and Services. You many not use the Site and Services to:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful materials, images or information. For clarity, do not use the Site or Services to post, distribute or access adult, violent, indecent or illegal content.

Publish, post, upload, distribute or disseminate messages, images, content or text that discriminates against anyone on the basis of race, skin color, ethnicity, origin, nationality, religion, gender, LGBTQ identity or political affiliation. For clarity, do not use the Site or Services to post hate speech. Upload, distribute or disseminate files that contain software, media or other content that violates other individuals, companies, entities or organizations intellectual property rights.

Upload, distribute or disseminate files that contain viruses, trojans, software or programs that may damage or inhibit the operation of the Site or Services or other individuals, companies, entities or organization's computers.

Upload or distribute any file, content or information you knowingly do not have authorization to disseminate.

Access or download any file, content or information you knowingly do not have authorization to access or possess.

Upload or distribute any file, content or information that you know, or reasonably should know, cannot be legally distributed using the Site or Services.

Access or download any file, content or information that you know, or reasonably should know, cannot be legally distributed using the Site or Services.

Upload or distribute any file, content or information you know to be inaccurate, false and/or fraudulent.

Knowingly falsify your or any other individuals, companies, entities or organization's account information, user information, RFP content or other data within the Site or Services.

Deliberately restrict, limit or inhibit any other user from using or accessing the Site or Services.

Advertise or offer to sell or buy any goods or services.

Send unsolicited commercial or bulk emails unrelated to legitimate construction RFPs.

Use any means whether manual or automated to collect bulk personal or company information, email addresses or RFP content.

Indemnification

You agree to defend, indemnify and hold harmless Swiftender, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out your uploading or other provision of RFP content using the Site or Services. For clarity, this means, that if we are receive a notice or impending legal action that your content infringes someone else’s intellectual property rights or violates confidentiality obligations, you will be responsible for the costs (including attorney’s fees) of responding to and defending that claim and for any settlement payments or awards that are issued.

Swiftender reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Swiftender in asserting any available defenses.

Jurisdiction, Governing Law and Dispute Resolution

The Site and its Services are controlled, operated and administered by OasisCode Inc. from Toronto, Canada. The Site and Services are available worldwide as permitted by Canadian and local laws. The Site and its Services are specifically unavailable in any country subject to Canadian, US, United Nations or NATO sanctions. Any legal notices or claims must be sent to our Toronto head office and will be remedied subject to the laws of Ontario, Canada.

Disclaimer

You acknowledge that you are using the services at your own risk. Swiftender and its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the site or the services for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided "as is" without warranty or condition of any kind. Swiftender hereby disclaims all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

Without limitation, Swiftender does not warrant the accuracy or completeness of any information included in your material or other information created or provided through the service, including, without limitation, any information or data generated or populated by the site or the services. You are solely responsible for ensuring the accuracy of all of your material provided to or posted on Swiftender.com, including but not limited to project content and bid data, and Swiftender shall undertake no responsibility for damages caused by the inclusion of erroneous, incomplete or out-dated information in such materials. You agree that Swiftender is in no way responsible for the accuracy, timeliness, or completeness of information it may obtain from third parties.

To the maximum extent permitted by applicable law, in no event shall Swiftender be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the site, with the delay or inability to use the site or services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the site, or otherwise arising out of the use of the site, whether based on contract, tort, negligence, strict liability or otherwise, even if Swiftender or any of its suppliers has been advised of the possibility of damages. In no case shall Swiftender’s liability exceed the amount of your last subscription payment. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the site, or with any of these terms, your sole and exclusive remedy is to discontinue using the site or the services.

Consent to Receive Electronic Communications

We communicate with all users of the Site electronically to the email address provided in their account or by posting notification on the Site. If you register to use the Site or the Services, you consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Independent Business Entities

You agree that no joint venture, partnership, employment, or agency relationship exists between you, your company, entity or organization and Swiftender or Oasis Code Inc. as a result of use of the Site or Services or acceptance of the Terms. If any parts of the Terms are determined to be invalid or unenforceable pursuant to applicable law, the remainder of the Terms shall continue in full effect.

Unless otherwise specified in writing and agreed to by both parties, these Terms constitute the entire agreement between the user and Swiftender and supersede all other communications and proposals, whether electronic, oral or written with respect to the Site and the Services. You specifically agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings.

Changes to Site, Services and Terms

Swiftender reserves the right to change, alter or edit the Site or Services or the Terms, or discontinue any Services or features of the Site, at our sole discretion without exception, explanation or prior notice. Your continued use of the Site and Services constitutes your acceptance of any changes. Your sole remedy if you disagree with any changes is to discontinue use of the Site and Services. The most current version of the Terms will supersede all previous versions.