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Terms of Service

Effective Date: January 2021

Welcome to PCANA. These Terms of Service (“Terms”) govern your access to and use of the PCANA website, vendor registration, and any related portals, dashboards, and services (the “Platform”). By creating an account, registering, paying any applicable fees, or using the Platform, you agree to these Terms.

  1. Definitions
  • PCANA / We / Us: Procurement and Contracts Authority of North America and Platform operators.
  • Vendor / You: Any individual or entity using or registering on the Platform.
  • Exclusive Bid Documents: Bid materials made available to verified vendors through the Platform.
  1. Eligibility and Authority

You confirm you have authority to register and act for the business listed in your application. You are responsible for all activity under your account and for keeping your information accurate and current.

  1. Registration Review and Vendor Status

Registration does not guarantee approval or access to any opportunity. After you submit:

  • PCANA reviews applications on the back end for completeness and verification.
  • PCANA may request additional documents or clarifications.
  • PCANA may approve, conditionally approve, or decline an application.
  • Approved registrants may be issued a PCANA Vendor ID.
  • Once validated and activated, approved vendors can access the Vendors Dashboard and eligible Exclusive Bid Documents, subject to platform rules and any solicitation requirements.
  1. Confidentiality and Permitted Use

If you access Exclusive Bid Documents, you agree to:

  • Use them only for preparing responses and participating in opportunities.
  • Not share, publish, resell, forward, or distribute them to unauthorized parties.
  • Protect confidential information using reasonable safeguards.
  1. Vendor Conduct

You agree to:

  • Provide truthful, complete information and authentic documents.
  • Respond promptly to verification requests.
  • Follow solicitation instructions, deadlines, and compliance requirements.
  • Avoid misrepresentation, collusion, bribery, or improper influence.

PCANA may restrict or terminate access for breaches of these Terms or for conduct that threatens platform integrity.

  1. No Guarantee

PCANA does not guarantee invitations, access to specific documents, award outcomes, or opportunity volume. All opportunities remain subject to issuer rules and eligibility requirements.

  1. Fees and Refunds

If any fees apply, they will be disclosed prior to payment. All fees are final and non-refundable. This applies without limitation to registration fees, verification fees, and service fees, including where an application is incomplete, declined, or later suspended for non-compliance.

  1. Intellectual Property

The Platform, templates, branding, and content provided by PCANA are owned by PCANA or its licensors. You may not copy, reverse engineer, or republish Platform content except as required for lawful bid participation.

  1. Platform Changes and Availability

PCANA may modify, suspend, or discontinue parts of the Platform, including access controls and verification requirements, at any time.

  1. Disclaimers

The Platform is provided “as is” and “as available.” PCANA does not warrant uninterrupted access, error-free operation, or that third-party information is accurate.

  1. Limitation of Liability

To the maximum extent permitted by law, PCANA is not liable for indirect, incidental, special, consequential, or punitive damages. Where liability cannot be excluded, PCANA’s total liability will not exceed the total fees paid by you to PCANA in the preceding 12 months (or a nominal amount where no fees were paid), to the extent permitted.

  1. Indemnity

You agree to defend and indemnify PCANA against claims arising from your misuse of the Platform, breach of these Terms, submission of false or infringing documents, or violation of laws or solicitation requirements.

  1. Governing Law and Dispute Resolution (Combined Clause)

These Terms are intended to apply across North America. The governing law and forum will be determined as follows:

  • If your registering entity’s principal place of business is in Canada, these Terms are governed by the laws of the province where PCANA is administered in Canada (and the applicable federal laws of Canada), and disputes will be brought in the courts of that province, unless mandatory laws require otherwise.
  • If your registering entity’s principal place of business is in the United States, these Terms are governed by the laws of the state where PCANA is administered in the United States (and applicable federal laws), and disputes will be brought in the state or federal courts located there, unless mandatory laws require otherwise.
  • If your registering entity’s principal place of business is in Mexico, these Terms are governed by the laws of the state where PCANA is administered in Mexico (and applicable federal laws), and disputes will be brought in the competent courts located there, unless mandatory laws require otherwise.

Where the above does not clearly determine venue (for example, multi-jurisdiction joint ventures), PCANA may designate a reasonable forum connected to the Platform administration, and you consent to that forum, subject to mandatory law.

  1. Contact

Questions, notices, or support: info@pcana-gov.org

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