Terms of Use

1Who we are

Kaplex Build is a service operated by Kaplex Industries Inc., a company incorporated in British Columbia, based in Victoria, BC. You can reach us at info@kaplexindustries.com or 250-580-1350. Our mailing address is 212–1939 Lee Avenue, Victoria, BC V8R 4W9, Canada.

Kaplex Build is a marketplace and referral service. We help Greater Victoria homeowners understand what they might be able to build in their backyard, and we introduce them to independent licensed builders and trades who can actually build it.

2What your lot report is — and what it isn’t

When you enter your address, we produce a lot report: an estimate of what a garden suite on your property might look like, based on the bylaws a municipality has formally adopted and on public mapping data about your parcel.

It is an indication. To be completely clear about what it is not:

• It is not an approval. Only your municipality can approve anything.
• It is not a permit, and it does not start, replace, or guarantee a permit application.
• It is not a survey. Your real lot lines, setbacks, and buildable area must be confirmed by a professional survey.
• It is not a quote. Cost and rent figures are ranges from public and market data, not an offer, a price, or a promise from any builder.
• It is not a financing decision. Whether you qualify for any lending or government program is a lender’s or program’s decision, not ours.

No reliance

3We are not the builder

What we do is introduce you to independent third-party builders and trades who are licensed and insured in their own right. If you decide to work with one of them, that is a relationship — and a contract — between you and them. Kaplex is not a party to it.

No agency, no partnership

A builder we introduce you to is an independent business. They are not our employee, our agent, our partner, or our joint venturer, and we are not theirs. Neither of us can bind the other. Nothing on this site creates an agency, partnership, employment, or joint-venture relationship between Kaplex and a builder, or between Kaplex and you.

We are not responsible for the builder

Because we are not the builder and not a party to your contract with one, Kaplex is not responsible for, and accepts no liability arising out of:

• the workmanship, quality, safety, timeliness, or completion of any construction;
• any contract, quote, estimate, warranty, or promise a builder makes to you;
• a builder’s licensing, insurance, bonding, certification, or regulatory standing;
• a builder’s conduct, acts, omissions, negligence, delay, insolvency, or abandonment of a job;
• any dispute, cost overrun, defect, damage, injury, or loss arising from work performed by a builder;
• any payment you make to a builder.

Any dispute you have with a builder is between you and that builder. We do not screen, supervise, inspect, guarantee, or warrant a builder’s work. Any description of a builder as “licensed”, “vetted”, “Red Seal”, or similar reflects information the builder has given us — it is not our certification of them, and it is not a guarantee of their performance.

You are responsible for doing your own due diligence before hiring anyone: verify their licence and insurance, check references, read the contract, and get independent advice. We encourage it.

We may receive a referral fee or commission from a builder if you engage them. That does not change any of the above, and it does not make us responsible for their work.

4No professional advice

Nothing on Kaplex Build is legal, financial, tax, real-estate, appraisal, engineering, architectural, or other professional advice. It is general information about what a property might support, produced by software.

We are not your lawyer, your accountant, your engineer, your architect, your realtor, or your financial advisor, and using this site does not create a professional, advisory, or fiduciary relationship of any kind. We do not owe you a fiduciary duty. For advice about your situation, retain a qualified professional.

5Accuracy, data, and change

Kaplex Build is provided “as is” and “as available”. To the fullest extent permitted by law, we make no warranty of any kind — express or implied — about the site or a report, including no warranty of accuracy, completeness, currency, merchantability, or fitness for a particular purpose.

Every figure we show is as of the date shown on your report and is based on the bylaws adopted at that time. Zoning bylaws, building codes, provincial legislation, fees, program rules, and market costs all change — sometimes quickly. A report that was right last month can be wrong today. Public data can also be incomplete, out of date, or simply wrong about your parcel.

Where our data comes from

• ParcelMap BC — parcel boundaries and geometry, used under the Open Government Licence – British Columbia. Contains information licensed under the Open Government Licence – British Columbia.
• Municipal open data and adopted bylaws — zoning, setbacks, and land-use rules published by the municipalities we cover.
• BC Assessment — publicly available property characteristics and assessed values.

These sources are not ours, we do not control them, and we do not warrant them. Kaplex is not endorsed by or affiliated with the Province of British Columbia, BC Assessment, or any municipality.

6Your side of the deal

When you use Kaplex Build, you agree that:

• you are at least 19 years old (the age of majority in BC);
• the information you give us — your address, your email, your answers — is accurate, and is yours to give;
• you will only look up a property you own, or one you have a legitimate reason to look up;
• you will confirm anything that matters with your municipality before acting on it;
• you won’t scrape, resell, republish, or systematically extract our reports or data;
• you won’t misuse the site — no attempts to break, overload, reverse-engineer, or gain unauthorized access to it, and nothing unlawful.

The site, our reports, our text, and our branding belong to Kaplex. You may use your own report for your own personal, non-commercial purposes. Everything else is reserved. We may suspend or refuse access to anyone who misuses the service.

7Limitation of liability

This section limits what we can be held responsible for. Please read it.

No indirect or consequential damages

Cap on direct damages

To the fullest extent permitted by law, our total aggregate liability to you for all claims connected to Kaplex Build — taken together, and however they arise — is limited to the greater of CAD $100 or the total amount you actually paid us in the twelve months before the claim arose.

Kaplex Build is free to you. We are giving you information at no charge, and we cannot carry the financial risk of a construction project we are not building, not pricing, and not approving. That risk sits with you, your builder, your lender, and your municipality — and the price of the service reflects that.

What this section does not do

Nothing in these terms limits or excludes any liability that cannot lawfully be limited or excluded. That includes liability for fraud or fraudulent misrepresentation, for death or personal injury caused by our negligence, and any right or remedy you have under British Columbia consumer protection law, including the Business Practices and Consumer Protection Act. If any part of this section is found unenforceable, the rest still applies.

8Indemnity

You agree to indemnify and hold harmless Kaplex Industries Inc., its directors, officers, employees, and contractors from any claim, demand, loss, liability, damage, cost, or reasonable legal expense arising out of:

• your misuse of Kaplex Build or breach of these terms;
• your violation of any law or of anyone else’s rights;
• information you gave us that was untrue, or that you had no right to give us — including looking up a property that isn’t yours;
• any dispute between you and a builder or other third party.

9Your information and our emails

How we handle your personal information is set out in our Privacy Policy, which forms part of these terms.

We only send you commercial email if you gave us express consent by ticking the consent box. Every commercial email we send identifies us, carries our mailing address, and has a working unsubscribe link. You can withdraw consent at any time — use the unsubscribe link, or email info@kaplexindustries.com and we’ll take you off the list.

10Changes to the service and these terms

We may change, suspend, or discontinue Kaplex Build — or any part of it — at any time. We may also update these terms. When we make a material change, we’ll update the effective date at the top of this page and, where it’s reasonable to do so, tell you. Continuing to use the site after a change means you accept the updated terms. The version in force is the one posted here.

11Governing law

These terms are governed by the laws of the Province of British Columbia and the laws of Canada that apply there, without regard to conflict-of-laws rules. You and Kaplex agree that the courts of British Columbia have exclusive jurisdiction over any dispute, and you attach yourself to the venue of Victoria, BC — except that nothing here prevents you from bringing a claim in a British Columbia small claims court or civil resolution tribunal where that is available to you.

12The rest

Severability. If any part of these terms is found invalid or unenforceable, that part is severed or read down to the minimum extent necessary, and the rest stays in force.

Entire agreement. These terms and the Privacy Policy are the whole agreement between you and Kaplex about Kaplex Build, and they replace anything said or written before.

No waiver. If we don’t enforce something right away, we haven’t given up the right to enforce it later.

Survival. Sections 2, 3, 4, 5, 7, 8, 11, and 12 survive any end of your use of the service.

Assignment. You may not assign these terms. We may assign them to a successor of our business.

13Contact

Kaplex Industries Inc.
212–1939 Lee Avenue, Victoria, BC V8R 4W9, Canada
info@kaplexindustries.com · 250-580-1350