PDQ Terms and Conditions
Acceptance of Terms and Conditions
By accessing, using or subscribing to the Price & Data Quotes (“PDQ”) website(s), services or software applications (collectively the “PDQ Service” or the “Service”) or consuming any content or material made available through the Service (the “Content”), the user of the Service and any Subscriber named in any Subscription Agreement (“you” or “your”) are entering into a binding legal agreement with the Alberta Wheat Commission (“AWC”, “PDQ”, “we”, “us”, “our”) to accept and be bound by:
- these Terms and Conditions;
- the Privacy Policy contained in the Terms and Conditions;
- the Disclaimer set out on the PDQ Website;
- any additional terms and conditions that you accepted as part of your access to the Service (such as the terms and conditions set out in any promotional offer or access Code); and
- the Subscription Agreement that you have or will enter into, if any;
all of which are together referred to as the “Agreements”.
In order to use the PDQ Service and access the Content, you must have the power to enter a binding contract with us on your own behalf and, in the case of a Subscription Agreement, you must have the power to enter a binding contract with us on behalf of the Subscriber named in the Subscription Agreement. You agree that all registration information submitted to PDQ is true, accurate, and complete, and that you will keep such information, including credit card information where applicable, up to date at all times.
You acknowledge and agree that you have read and understood the Agreements, accept the Agreements, and agree to be bound by them. If not, then you may not use the website, consume any Content or subscribe to the PDQ Service and must immediately leave.
PDQ, AWC and their respective directors, officers, employees, agents, contractors, affiliates, successors, assigns, transferees, suppliers, service providers, licensors, content suppliers and persons for whom they are or may be responsible in law are the “PDQ Parties”.
Description of Service
PDQ provides regionally averaged price data for select agricultural commodities. Certain PDQ services are provided without charge. Some PDQ services require the creation and use of a registered account. Other PDQ services require the creation and use of a registered account and a payment before you can access them. The PDQ services that may only be accessed after payment are referred to as the “Convenience Service” the right to access is referred to as a “Paid Subscription”. The PDQ services that do not require payment are referred to as the “Free Service”.
Any or all of the Paid Service may be discontinued at any time and without notice, in which case you will no longer be charged after your Paid Subscription period ends.
The Paid Service may be updated or changed, or user access may be changed or restricted at our sole discretion. If you do not wish to continue using the Service, you may cancel your Paid Subscription effective after your Paid Subscription period ends.
If you have received an access code or other promotional offer provided by PDQ for access to a Paid Subscription (“Code”), any additional terms and conditions presented to you along with the Code apply to your access to the Service and you agree to comply with any such terms and conditions which shall form part of the Agreements.
Changes to the Agreements
From time to time we may, in our sole discretion, revise and update the Agreements. When we make material changes to the Agreements, a notice will be posted within the Service and you may be sent an email to the address on the Subscription Agreement. Any modifications of the Agreements are effective immediately upon posting. Your continued use of the Service after the changes have been posted will constitute your acceptance of the changes to the Agreements. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate the Agreements by cancelling your Paid Subscription.
Terms of Use
The PDQ Service and the Content are the property of PDQ. We grant you a limited, non-exclusive, revocable license to make use of the PDQ Service, and a limited, non-exclusive, revocable license to make use of the Content (the “License”). This License shall remain in effect until and unless terminated by you or PDQ. You promise and agree that you are using the Content for your own use and that you will not redistribute or transfer the PDQ Service, any Content or your password or allow outside access to your account without written authorization from PDQ.
The Content is licensed, not sold, to you, and PDQ retains ownership of all Content even after distribution to your personal computers, mobile handsets, tablets, and/or other relevant devices (“Devices”).
In no event shall you publish, retransmit, redistribute or otherwise reproduce any PDQ information in any format to anyone. All PDQ trademarks, service marks, trade names, logos, domain names, and any other features of the PDQ brand (“PDQ Brand Features”) are the sole property of PDQ or its licensors. The Agreements do not grant you any rights to use any PDQ brand features whether for commercial or non-commercial use without written authorization.
You agree not to use the PDQ Service, the Content, or any part thereof in any manner not expressly permitted by the Agreements. PDQ grants no right, title, or interest to you in the PDQ Service or Content.
You are responsible for obtaining access to the Service and shall ensure that all persons authorized by the Subscriber to use the Service comply with the Agreements. You are responsible for any password misuse and for any unauthorized access through your account.
We reserve the right at any time and from time to time, to disable or terminate your account, any user name, password, or other identifier, in our sole discretion, for any reason or no reason, including, without limitation, any violation of any provision of these Terms and Conditions.
Payments, Cancellations, and Refunds
Paid Subscriptions can be purchased directly from PDQ by paying a monthly subscription fee. When you register for a Paid Subscription you receive access immediately. Refunds will not be provided if you have accessed PDQ at any time after registering for a Paid Subscription.
Your payment to PDQ will automatically renew at the end of the subscription period, unless you cancel your Paid Subscription through your subscription page before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the Free Service. In the case of a payment method expiring, three (3) attempts will be made to process a payment. If unsuccessful, you will be downgraded to the Free Service. We will not refund any subscription fees paid to us prior to the date the cancellation takes effect. The refund method is at our discretion. PDQ may change the price for the Paid Subscriptions from time to time, and will communicate any price changes to you in advance by posting on the website and by email to the address on the Subscription Agreement. Price changes for Paid Subscriptions will take effect at the start of the next subscription period following the date of posting of the price change. Your continued use of the Service after the price change has been posted will constitute your acceptance of the price changes. If you do not wish to continue using the Service under the new price structure, you must terminate the Agreements by cancelling your Paid Subscription.
No Reliance on Service or Content
The PDQ Service and the Content is provided for general information purposes only. It is not intended to be advice or information on which you should rely. Although we make reasonable efforts to update the PDQ Service and the Content, we make no representations, warranties or guarantees, express or implied, that the PDQ Service or the Content is accurate, complete or up to date. Your use of the PDQ Service and the Content is at your own risk and the PDQ Parties have no responsibility or liability whatsoever for your use of the PDQ Service or the Content.
THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THE AGREEMENTS.
Disclaimer of Warranty
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE PDQ SERVICE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE SERVICE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES 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 PDQ PARTIES MAKE NO WARRANTY, REPRESENTATION OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY OR AVAILABILITY OF THE SERVICE OR THE CONTENT. WITHOUT LIMITING THE FOREGOING, NONE OF THE PDQ PARTIES REPRESENTS OR WARRANTS THAT THE SERVICE, THE 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 THE PDQ SITE 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 PDQ Website will be free of viruses or other destructive code. You are solely and entirely responsible for your use of the PDQ 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 SERVICE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE PDQ WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT
THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THE AGREEMENTS.
Limitation of Liability
UNDER NO CIRCUMSTANCE WILL THE PDQ PARTIES BE LIABLE FOR ANY LOSSES OR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE OR RELIANCE ON, THE SERVICE, CONTENTS OR WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD PARTY WEBSITES, NOR ANY SITE CONTENT, MATERIALS, POSTING OR INFORMATION THEREON, HOWEVER CAUSED, INCLUDING WITHOUT LIMITATION TORT (INCLUDING NEGLIGENCE GROSS NEGLIGENCE, OR NEGLIGENT MISREPRESENTATION), BREACH OF CONTRACT, FUNDAMENTAL BREACH, BREACH OF PRIVACY OR OTHERWISE AND, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE PDQ PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ANY DAMAGES FOR PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA.YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE PDQ SERVICE IS TO CANCEL YOUR PAID SUBSCRIPTION AND TO STOP USING THE PDQ SERVICE.
THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THE AGREEMENTS.
Indemnification
You agree to indemnify and hold the PDQ Parties harmless from and against all from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees of any kind (including, without limitation, all legal fees and expenses on a solicitor and own client basis) arising out of: (1) your breach of this Agreement; (2) any activity in which you engage on or through the PDQ Service; and (3) your violation of any law or the rights of a third party, and (4) any claim or demand made by any third party due to or arising out of your use of the PDQ service or Content or your violation of any rights of another.
THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THE AGREEMENTS.
Severability and Waiver
Should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, which shall be enforced to the fullest extent permitted by law.
No waiver by the PDQ Parties under the Agreements is effective unless it is in writing and signed by an authorized representative. No failure by the PDQ parties to exercise, or delay in exercising, any right, remedy, power or privilege arising from the Agreements operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder by the PDQ parties precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Privacy Policy
Personal information collected by PDQ is managed in accordance with Alberta’s Personal Information Protection Act and other applicable laws. By using PDQ, you are consenting to the collection, use, and disclosure of all information provided. PDQ will not disclose personal information about you to any third party without your express consent, except for specific circumstances where collection, use, or disclosure without consent is authorized or required by law.
PDQ collects personal information of name and email provided during the registration process. This information is required to create a unique dashboard for the user and to provide daily price updates for a region, if the user desires to use this feature.
PDQ collects additional personal information if the user purchases a Convenience Service. This information may include credit card number, credit card expiry date, credit card cvv, and personal address information which is passed to a credit card processor. Of this information, only the last four digits of the credit card are held by PDQ. In addition, PDQ maintains records of billing to the user for the use of the convenience subscription.
In the operations of PDQ, we collect information through registration and subscription processes, feedback forms and other communication. All information collected by us will enable us to better serve you, conform with regulatory requirements, and keep you informed about new features, your account and/or other pertinent information. We also gather regular statistical information regarding site usage on our various sites. This information is used for analytical purposes only.
To optimize the user experience PDQ may make use of cookies technology. Please note that nothing in a cookie allows anyone to identify you individually.
We will occasionally post surveys on our site. Participation in PDQ surveys is voluntary, and information collected from surveys will be used to improve the PDQinfo.com user experience.
By registering with PDQ or contacting us through this website, you grant us permission to send you our various newsletters and other communications. You can unsubscribe from these communications at any time.
Users can view all of their private information held by PDQ at any time. The user should login through the website at PDQinfo.com to see all information held by PDQ.
Governing Law and Jurisdiction
The PDQ website and the Agreements will be governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein, notwithstanding your domicile, residence or physical location. Any action or proceeding arising out of or relating to the PDQ website or the Agreements will be instituted in the courts of the province of Alberta 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.
French Language
You hereby acknowledge and agree that you have required that the Paid Service, Free Service, this agreement, and all other agreements and notices required or permitted to be entered into or given pursuant hereto, to be drawn up in the English language only.
Vous reconnaissez et acceptez par la présente que vous avez exigé que le Service payant, le Service gratuit, le présent Contrat et tous les autres accords et notifications requis ou autorisés à être conclus ou donnés en vertu des présentes, soient rédigés uniquement en anglais.
Contact us
If you have any questions concerning the PDQ Service or the Agreements, please contact PDQ customer service by visiting the About Us section of our website.
Thank you for reading our Terms. We hope you enjoy PDQ!
PDQ is owned by the Alberta Wheat Commission and operated through third party contractors.
Alberta Wheat Commission
#200, 6815-8th Street NE
Calgary, AB, Canada
T2E 7H7