1. Acceptance of these Terms
These Terms of Service (“Terms”) govern your access to and use of CapWestPO, the internal purchase order submission and review application operated by Onni Contracting Ltd.(“Onni Properties”, “we”, “us”, or “our”) on behalf of CapWest Build. CapWestPO is available as a web application at orders-capwest.up.railway.app and as a native iOS application distributed through Apple TestFlight and the Apple App Store.
By signing in to CapWestPO, you confirm that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not access or use the service.
2. Who can use CapWestPO
CapWestPO is an internal business tool. It is intended solely for authorised personnel of CapWest Build, Onni Contracting Ltd., and their Affiliates, acting in the course of their employment or contractor engagement. For the purposes of these Terms, “Affiliate” means an entity that, directly or indirectly, controls, is controlled by, or is under common control with the party in question, where “control” means ownership of more than fifty percent (50%) of the voting interests or the power to direct management. Accounts are provisioned by an administrator; there is no self-signup, and the service is not offered to the general public or to consumers.
You must be of the age of majority in your jurisdiction and legally permitted to enter into a binding contract to use CapWestPO. By using the service, you represent that you meet these requirements and that you are authorised to act on behalf of your employer or principal in submitting purchase order requests.
3. Accounts and access
Each user is assigned an account with a role of either requester or administrator. You agree to:
- Keep your credentials (including any single sign-on credentials with Microsoft Entra ID) confidential and not share them with any other person;
- Use multi-factor authentication where it is offered by your identity provider;
- Notify us promptly at support@onni.com if you suspect unauthorised access to your account;
- Accept responsibility for all activity that occurs under your account, whether or not you authorised it.
We may suspend or terminate access to any account at any time, with or without notice, for any reason, including, but not limited to, end of employment, breach of these Terms, or suspected misuse of the service.
4. Acceptable use
You agree that you will not:
- Use CapWestPO for any purpose other than the legitimate submission, review, and tracking of purchase order requests on behalf of CapWest Build or Onni Contracting Ltd.;
- Submit content that is unlawful, defamatory, harassing, fraudulent, or that infringes the rights of any third party;
- Upload malware, viruses, or any code intended to interfere with the operation of the service;
- Attempt to gain unauthorised access to any portion of the service, any account that is not yours, or any system or network associated with the service;
- Probe, scan, or test the vulnerability of any system or network without prior written authorisation, or otherwise interfere with the security of the service;
- Use any automated means (bots, scrapers, crawlers) to access the service, except for legitimate API integrations that we expressly authorise in writing;
- Reverse-engineer, decompile, or disassemble any part of the service, except to the extent that this restriction is expressly prohibited by applicable law;
- Misrepresent your identity, your authority to act, or the accuracy of the information you submit.
5. Submitted content
You retain whatever ownership rights you (or your employer) already hold in the purchase order information, attachments, comments, and other content you submit through CapWestPO (“Submitted Content”). By submitting content, you grant Onni Contracting Ltd. and CapWest Build a worldwide, royalty-free, non-exclusive licence to host, store, reproduce, transmit, display, and process that content solely to operate CapWestPO, to fulfil the purchase order workflow, and to maintain audit and recordkeeping obligations.
You represent and warrant that you have the right to submit the content you submit, that the content is accurate, and that submission of the content does not violate the rights of any third party or any applicable law.
6. Purchase orders are not contracts
A purchase order request submitted through CapWestPO is an internal requestfor review and action by CapWest Build administrators. Submission of a request does not by itself create a binding contract between CapWest Build, Onni Properties LLC, the requester, or any vendor named in the request. A binding purchase order is created only when an authorised administrator issues a formal purchase order through CapWest Build’s procurement processes. Rush-fee acknowledgements captured in the app indicate the requester accepts that an additional fee may apply if the request is processed on an accelerated timeline.
7. Service availability and changes
We aim to keep CapWestPO available at all times, but we provide the service on an as-is, as-available basis. We may modify, suspend, or discontinue the service (in whole or in part) at any time, with or without notice. We may also perform maintenance, deploy new versions, change features, or remove features at our discretion. We are not liable for any loss or inconvenience arising from any of the foregoing.
8. Third-party services
CapWestPO relies on third-party sub-processors (including Supabase, Microsoft, Railway, Postmark, and Apple) to operate. These sub-processors are listed and described in our Privacy Policy. We do not control these third parties and we are not responsible for their acts, omissions, terms, or privacy practices. Your use of CapWestPO may also be subject to Apple’s standard Licensed Application End User Licence Agreement when the iOS app is delivered through the App Store.
9. Intellectual property
CapWestPO, including its source code, design, user interface, trademarks, and the “CapWest” and “Onni” names and logos, is the property of Onni Contracting Ltd., CapWest Build, or their respective licensors and is protected by Canadian and international intellectual property laws. Nothing in these Terms grants you any right or licence to those marks, name, design, or code except the limited right to use the service in accordance with these Terms.
10. Disclaimer of warranties
To the maximum extent permitted by applicable law, CapWestPO is provided “AS IS” and “AS AVAILABLE”, without warranty of any kind, whether express, implied, statutory, or otherwise. Onni Contracting Ltd. and its affiliates expressly disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranty arising out of course of dealing or usage of trade. We do not warrant that the service will be uninterrupted, error-free, secure, free from harmful components, or that any defect will be corrected.
Force majeure. Neither party will be liable for any failure or delay in performance to the extent caused by events outside its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, government action, labour disputes, internet service disruptions, hosting or infrastructure provider outages, and failures of third-party services on which CapWestPO depends.
11. Limitation of liability
To the maximum extent permitted by applicable law, in no event will Onni Contracting Ltd., CapWest Build, or their respective directors, officers, employees, contractors, or affiliates be liable to you for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profit, revenue, business opportunity, goodwill, or data, arising out of or in connection with your use of (or inability to use) CapWestPO, whether based in contract, tort (including negligence), strict liability, or any other legal theory, even if we have been advised of the possibility of such damages. Our aggregate liability for any claim arising out of or related to these Terms or the service will not exceed the greater of (a) the fees actually paid by CapWest Build to Onni Contracting Ltd. for use of CapWestPO in the twelve (12) months preceding the event giving rise to the claim, or (b) one thousand Canadian dollars (CA$1,000).
Some jurisdictions do not allow the exclusion or limitation of certain damages. In those jurisdictions, our liability is limited to the smallest extent permitted by law.
12. Indemnification
You agree to indemnify and hold harmless Onni Contracting Ltd., CapWest Build, and their respective directors, officers, employees, contractors, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of CapWestPO; (b) any content you submit; (c) your violation of these Terms; or (d) your violation of any third-party right or applicable law.
13. Termination
We may suspend or terminate your access to CapWestPO at any time, with or without cause and with or without notice. You may stop using the service at any time. The following sections will survive any expiration or termination of these Terms: Section 5 (Submitted Content), Section 9 (Intellectual property), Section 10 (Disclaimer of warranties, including the Force majeure provision), Section 11 (Limitation of liability), Section 12 (Indemnification), Section 14 (Governing law and dispute resolution), and Section 16 (Miscellaneous), together with any accrued payment obligations and any other provisions that by their nature are intended to survive.
14. Governing law and dispute resolution
These Terms and any dispute arising out of or related to them or to CapWestPO are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable in that province, without giving effect to any conflict-of-laws principles that would require the application of the laws of another jurisdiction.
The parties agree to submit to the exclusive jurisdiction of the courts of the Province of British Columbia, sitting in the City of Vancouver, for the resolution of any dispute arising out of or related to these Terms or CapWestPO, subject to any right of appeal. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
15. Changes to these Terms
We may update these Terms from time to time. When we make material changes, we will revise the “Last updated” date at the top of this page and, where appropriate, notify users by email or via an in-app notice. Your continued use of CapWestPO after the changes take effect constitutes your acceptance of the revised Terms. Previous versions of these Terms are available on request by writing to legal@onni.com.
16. Miscellaneous
- Entire agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and Onni Contracting Ltd. regarding CapWestPO and supersede all prior agreements on the same subject matter.
- Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
- No waiver. Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision.
- Assignment. You may not assign or transfer these Terms or any rights or obligations under them without our prior written consent. We may assign these Terms freely.
- No agency. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and Onni Contracting Ltd.
17. Contact
Questions about these Terms can be sent to legal@onni.com, or by mail to:
Onni Group of Companies
200 – 1010 Seymour Street
Vancouver, BC V6B 3M6
Canada
Tel: 604-602-7711