Terms of Service
Last Updated: May 22, 2025
HarvestingPro User Agreement
Last Updated: May 22, 2025
This User Agreement ("Agreement") is entered into between you ("User," "Customer," or "you") and Munden Management Advisors Ltd ("Company," "we," "our," or "us"), the owner and operator of the HarvestingPro website and related web-based tools and applications (collectively, the "Services"). By accessing or using the HarvestingPro website and Services, you agree to be bound by this Agreement. If you do not agree to these terms, do not use the Services.
1. Definitions
For the purposes of this Agreement, the following terms have the meanings set forth below:
"Services" means the web-based tools provided on HarvestingPro, including but not limited to:
• Costing forestry blocks for log harvesting;
• Electronic time cards for recording employee working hours for payroll reporting and productivity tracking;
• Calculation tools for machine hourly rates and trucking rates;
• And any additional tools developed in the future.
"User Content" means any data, information, or materials that you provide or upload to the Services.
"Personal Information" means any information about an identifiable individual as defined under applicable privacy laws, including BC's Personal Information Protection Act (PIPA) and PIPEDA.
"Business Information" means non-personal data including trade secrets, proprietary business data, and other commercially sensitive information.
"Intellectual Property" includes all copyrights, trademarks, trade secrets, patents, and any other proprietary rights in the Services.
"Account" means a user account created by you in connection with your use of the Services.
2. Acceptance of Terms
By using the Services, you confirm that:
• You are at least 18 years of age and legally capable of entering into this Agreement.
• You have read, understood, and agree to be bound by the terms of this Agreement and any future amendments posted on the HarvestingPro website.
• You agree to comply with all applicable local, provincial, and federal laws, including those governing data privacy and intellectual property.
3. Grant of License and Permitted Use
Subject to your compliance with this Agreement, we grant you a non-exclusive, non-transferable, revocable license to access and use the Services solely for your internal business purposes. This license does not permit you to:
• Copy, modify, or create derivative works of any part of the Services;
• Distribute, sell, lease, or sublicense any portion of the Services;
• Reverse engineer, decompile, or otherwise attempt to extract source code or underlying trade secrets from the Services.
4. User Obligations
You agree to:
• Provide accurate and complete information when creating an Account and update such information promptly.
• Maintain the confidentiality of your account login details and notify us immediately of any unauthorized use.
• Use the Services only for lawful purposes and in accordance with this Agreement.
• Not share or disclose any user credentials or permit unauthorized access to your Account.
• Refrain from any conduct that may damage, disable, or interfere with the proper functioning of the Services.
5. Privacy and Collection of Information
5.1 Collection and Use
We collect Personal Information and Business Information in accordance with applicable privacy legislation, including BC's PIPA and, where applicable, PIPEDA. Such information may include:
• Personal Information including contact details, employee timecard entries, and other personal data you submit via the Services.
• Business information including costing and rate calculations and analytics, and other business data you submit via the Services, to enhance and improve the Services.
5.2 Consent and Disclosure
By using the Services, you consent to our collection, use, and disclosure of your Personal Information and Business Information for purposes including:
• Providing and maintaining the Services;
• Processing payroll reporting and productivity tracking;
• Performing rate calculations for machinery and trucking;
• Improving, upgrading, and developing additional tools;
• Complying with our legal obligations.
5.3 Data Security and Retention
We implement reasonable security measures to protect your Personal Information against unauthorized access, use, or disclosure. Personal Information will be retained only as long as necessary to fulfill the purposes outlined herein or as required by law, and will be securely destroyed thereafter.
5.4 Your Rights
You have the right to access, correct, or request deletion of your Personal Information in accordance with applicable privacy laws. Requests should be directed to our designated Privacy Officer at the contact information provided below. Business Information will be retained, as needed, to enhance and improve the Services but will only be used in aggregate with other Business Information provided by other users.
6. Intellectual Property and Trade Secrets
6.1 Ownership
All Intellectual Property rights in and to the HarvestingPro website, its content, and the Services are owned by Munden Management Advisors Ltd or its licensors. No title or ownership is transferred to you under this Agreement.
6.2 Protection of Trade Secrets
The Services contain confidential information and trade secrets that are critical to our business. You agree:
• Not to copy, reproduce, or disclose any portion of our proprietary technology or trade secrets.
• To refrain from reverse engineering, decompiling, or otherwise attempting to discover the underlying structure or algorithms of our tools.
• To notify us immediately if you become aware of any unauthorized use or breach of our Intellectual Property.
7. Restrictions on Use
You shall not:
• Use the Services for any unauthorized or illegal purposes.
• Modify, alter, or create derivative works based on the Services.
• Distribute, lease, rent, or sublicense the Services or any portion thereof.
• Attempt to "frame," "mirror," or otherwise make the Services accessible on any device or platform other than as provided.
• Use automated means to access, collect, or scrape data from the Services without our express written consent.
8. Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MUNDEN MANAGEMENT ADVISORS LTD DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
9. Limitation of Liability
IN NO EVENT SHALL MUNDEN MANAGEMENT ADVISORS LTD BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICES. OUR AGGREGATE LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES DURING THE SIX (6) MONTHS PRIOR TO THE CLAIM.
10. Indemnification
You agree to indemnify and hold harmless Munden Management Advisors Ltd, its officers, directors, employees, and agents from any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of your use of the Services, your violation of this Agreement, or your breach of any applicable law or regulation.
11. Term and Termination
11.1 Term
This Agreement is effective as of the date you first access or use the Services and will continue until terminated.
11.2 Termination
We reserve the right to terminate or suspend your access to the Services at any time without notice for any breach of this Agreement or for any conduct that we deem harmful to our business or the Services. Upon termination, you must cease all use of the Services immediately.
12. Governing Law and Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflicts of law principles. Any disputes arising under or in connection with this Agreement shall be resolved exclusively in the courts of British Columbia.
13. Changes to the Agreement
We reserve the right to modify this Agreement at any time. If changes are made, we will post the updated Agreement on our website with a revised "Last Updated" date. Your continued use of the Services after any such changes constitutes your acceptance of the revised terms.
14. Contact Information
If you have any questions or concerns about this Agreement, your rights regarding your Personal Information, or if you wish to exercise any of your rights under applicable privacy legislation, please contact our Privacy Officer at:
Munden Management Advisors Ltd
Email: privacy.officer@mundenadvisors.ca
Postal Address: 1243 Prairie Rose Drive, Kamloops, BC, V2E 0C5
By using HarvestingPro, you acknowledge that you have read and understood this Agreement and agree to be bound by its terms.