1. Acceptance of these terms

These Website Terms of Use (these “Terms”) govern your access to and use of bowfinn.com and any related pages (the “Site”), operated by Bowfinn Management Inc., a British Columbia company (the “Company”, “Bowfinn”, “we”, “us” or “our”). “You” means the person using the Site and, if you use it on behalf of an organization, that organization.

By accessing or using the Site, you agree to these Terms and to our Privacy Policy. If you do not agree, please do not use the Site. If you use the Site for an organization, you confirm you are authorized to accept these Terms on its behalf.

2. Information only – no reliance

The Site provides general information about Bowfinn and our asbestos, lead and hazardous-materials abatement services. All content on the Site, including text, photos, guides, FAQs and blog posts (the “Content”), is provided for general information only.

Important safety notice. The Content is not a hazardous-materials survey, risk assessment or site-specific advice, and it is not professional, engineering, occupational hygiene, legal or regulatory advice. Whether a building contains asbestos, lead or other hazardous materials can only be determined by appropriate inspection, sampling and laboratory analysis by qualified persons. Do not disturb suspected hazardous materials based on information on this Site. Before renovation or demolition, obtain a hazardous-materials inspection and follow the requirements of WorkSafeBC and other applicable laws.

You should not rely on the Content as a substitute for advice specific to your property or project. Bowfinn performs abatement work only under a written contract signed by Bowfinn and the client, and only that contract (not the Site) sets out the scope, standards, price and responsibilities for any work.

We try to keep the Content accurate and current, but laws, regulations and guidance change and the Content may not reflect the latest requirements.

3. No offer; quotes and estimates

Nothing on the Site is an offer to contract. Any price ranges, examples or descriptions of services are illustrative only. Submitting an enquiry does not create a contract or any obligation for either party. Any quote or estimate we provide is subject to site inspection, the assumptions and exclusions stated in it, and a signed written contract, and is not binding until that contract is signed by both parties.

4. Intellectual property

The Site and the Content, including its design, text, graphics, photos, logos and the Bowfinn name and marks, are owned by or licensed to Bowfinn and are protected by Canadian and international copyright, trademark and other laws. Third-party names and logos (including those of regulators, unions, associations or clients) belong to their owners, and their appearance on the Site does not mean they endorse Bowfinn.

You may view and print the Content for your personal or internal business use in connection with considering our services, provided you keep all copyright and other notices. You may not otherwise copy, reproduce, modify, distribute, republish, frame or create derivative works from the Content without our prior written permission.

If you send us ideas, feedback or suggestions (“Feedback”), you grant us a free, perpetual, worldwide licence to use them without obligation to you. Files you upload with an enquiry remain yours; you grant us a licence to use them to respond to your enquiry and as described in our Privacy Policy.

5. Acceptable use

You agree not to:

use the Site in any way that breaches any law or the rights of others;
submit false, misleading or impersonated information, or upload any file you do not have the right to share or that contains viruses or malicious code;
attempt to gain unauthorized access to the Site, its servers or any related systems, or interfere with the Site’s operation or security;
use robots, scrapers or other automated means to access or collect data from the Site, except standard search-engine indexing;
use the enquiry form or our contact details to send unsolicited commercial messages; or
use the Content or our name or marks in a way that suggests a relationship with, or endorsement by, Bowfinn.

We may suspend or block access to the Site for anyone who breaches these Terms.

6. Third-party links and services

The Site may contain links to third-party websites, such as WorkSafeBC, government resources, suppliers or social-media platforms (“Third-Party Sites”). We provide these links for convenience only. We do not control and are not responsible for Third-Party Sites, their content or their privacy practices, and a link does not mean we endorse them. Your use of Third-Party Sites is at your own risk and subject to their terms.

7. Privacy

Our collection, use and disclosure of personal information through the Site, including through the enquiry form and Cookies, is described in our Privacy Policy at bowfinn.com/privacy-policy, which forms part of these Terms. The Site does not currently use analytics or advertising Cookies.

8. Availability and changes to the Site

We may change, suspend or discontinue any part of the Site at any time without notice. We do not guarantee that the Site will be available at all times or free from errors, viruses or interruptions.

9. Disclaimer of warranties

To the maximum extent permitted by applicable law, the Site and the Content are provided “as is” and “as available”, without warranties or conditions of any kind, express or implied, including any implied warranties or conditions of merchantability, fitness for a particular purpose, accuracy, completeness or non-infringement. This section does not affect any warranty given in a signed contract for services, or any warranty or right that cannot be excluded under applicable law.

10. Limitation of liability

To the maximum extent permitted by applicable law, and except as set out below:

Bowfinn and its directors, officers, employees and agents will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, data or business opportunity, arising from or relating to your use of, or inability to use, the Site or reliance on the Content; and
Bowfinn’s total liability arising from or relating to the Site or these Terms, on any legal theory, will not exceed CAD $100.

Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law, including liability for fraud, wilful misconduct or gross negligence, liability for death or personal injury caused by negligence, or any rights you have as a consumer under the Business Practices and Consumer Protection Act (British Columbia). This section does not apply to, and does not limit, any liability under a signed contract for services, which is governed exclusively by that contract.

11. Indemnity

You agree to indemnify and hold harmless Bowfinn and its directors, officers, employees and agents from any claims, losses, damages, liabilities, costs and expenses (including reasonable legal fees) arising from your breach of these Terms, your misuse of the Site, or any content or file you submit that infringes the rights of any third party or breaches any law. This indemnity does not apply to the extent a loss is caused by Bowfinn’s own breach, negligence or wilful misconduct, or where it is not permitted by applicable consumer protection law.

12. Changes to these Terms

We may update these Terms from time to time by posting a revised version on the Site with a new “Last updated” date. Changes apply from the time they are posted and do not apply retroactively. Your continued use of the Site after changes are posted means you accept the revised Terms.

13. Severability and general

If any provision of these Terms is found invalid or unenforceable, it will be limited or severed to the minimum extent necessary and the remaining provisions will remain in full force. Our failure to enforce any provision is not a waiver. These Terms, together with the Privacy Policy, are the entire agreement between you and Bowfinn about the Site and replace any prior understandings about it. They do not replace or amend any signed contract for services. You may not assign these Terms; we may assign them in connection with a reorganization or sale of our business.

14. Governing law and venue

These Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable in British Columbia, without regard to conflict-of-laws rules. Subject to any mandatory jurisdiction of the BC Civil Resolution Tribunal or rights that cannot be waived under consumer protection law, you and Bowfinn agree to submit to the exclusive jurisdiction of the courts of British Columbia, and that any proceeding in the Supreme Court of British Columbia will be brought in the New Westminster registry.

15. Contact

Bowfinn Management Inc., #427-720 6th Street, New Westminster, BC V3L 3C5. Email: admin@bowfinn.com. Phone: (778) 827-1025. Privacy questions: admin@bowfinn.com.