I. TERMS AND CONDITIONS OF USE
IMPORTANT: ALL USERS ARE REQUIRED TO READ THIS SECTION
Authorization to Place a purchase Order
By submitting a Purchase Order, you hereby warrant and represent that you are an individual or company with the authority to contract through BMGCI to have work completed. You hereby warrant and represent that you will make payment to BMGCI in according with the terms and conditions of use herein.
Ownership and Copyright
Except as otherwise indicated, the Site, and all text, images, marks, logos and other content contained herein, including, without limitation, the BMGCI logo and all designs, text, graphics, pictures, information, data, software, sound files, other files, Content (as defined below) and the selection and arrangement thereof (collectively, the "Site Content") are the proprietary property of BMGCI or its licensors and are protected by Canadian and international copyright laws. All rights to the Site Content are expressly reserved.
Copyright and Trademarks
BMGCI, its logo and all other product or service names or slogans displayed on the Site are registered and/or common law trademarks of BMGCI and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of BMGCI or the applicable trademark holder. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of BMGCI and may not be copied, imitated or used, in whole or in part, without the prior written permission of BMGCI. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by BMGCI.
Everything located on or in this Site is the exclusive property of BMGCI or used with express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF BMGCI LTD. IS STRICTLY PROHIBITED. NO QUOTES OF ANY NATURE OR PRICING INFORMATION MAY BE DISTRIBUTED TO ANY PARTY WITHOUT THE EXPRESS WRITTEN CONSENT OF BMGCI. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject End User to civil and /or criminal penalties.
BMGCI grants you a limited, nonsublicensable license to access and use the Site and to view and print portions of the Site Content. Such license is subject to these Site Terms, and specifically conditioned upon the following: (i) you may only view, copy and print portions of the Site Content for your own informational and personal use (ii) you may not modify or otherwise make derivative uses of the Site or the Site Content, or any portion thereof; (iii) you may not use the Site or the Site Content other than for its intended purpose; and (iv) you may not reproduce, prepare derivative works from, distribute or display the Site or any Site Content (except for page cacheing), except as provided herein. Except as expressly permitted above, any use of any portion of the Site or Site Content without the prior written permission of BMGCI is strictly prohibited and will terminate the license granted herein.
Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Site Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
You represent and warrant that your use of the Site and the Site Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law. You expressly agree to indemnify BMGCI against any liability to any person arising out of your use of Site Content not in accordance with these Site Terms.
To request permission for uses of Site Content not included in the foregoing license, you may contact BMGCI at the address set out at the bottom of these Site Terms.
Hyperlinks and Third Party Content
You are granted a limited, non-exclusive right to create a text hyperlink to the Site for non-commercial purposes, provided such link does not portray BMGCI or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable.
This limited right may be revoked at any time. You may not use BMGCI logo or other proprietary graphic of BMGCI to link to the Site without the express written permission of BMGCI.
Further, you may not use, frame or utilize framing techniques to enclose any BMGCI trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without BMGCI’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of BMGCI or any third party.
Nothing contained on the Site may be construed as granting, by implication, estoppel or otherwise, any license or right to use any patent, trademark, copyright or other proprietary right of BMGCI or any third party without the prior written permission of BMGCI or such other party that may own such patent, trademark, copyright or other proprietary right(s).
The Site may contain links to third-party Web sites ("Third-Party Sites") and third-party content ("Third-Party Content") as a service to those interested in this information. You use links to Third-Party Sites, and any Third-Party Content therein, at your own risk. BMGCI does not monitor or have any control over, and makes no claim or representation regarding, Third-Party Content or Third-Party Sites. BMGCI provides these links only as a convenience, and a link to a Third-Party Site or Third-Party Content does not imply BMGCI's endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content. BMGCI accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third-Party Content, Third-Party Sites, or Web sites linking to the Site. When you leave the Site, our terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Site, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
Under no circumstances will BMGCI be liable for any loss or damage caused by an end user's reliance on information obtained through BMGCI. It is the Users responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through the Site and Third Party Sites.
User Conduct and Use of Interactive Areas
User participation and interaction is encouraged on the Site and the Site may contain discussion forums, bulletin boards, public recommendations, review services or other forums in which you or third parties may post reviews or other content, messages, materials or other items on the Site ("Interactive Areas"). If BMGCI provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
Any message, data, information, text, music, sound, photos, graphics, code or other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable; Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law; Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; Content that would violate or infringe upon the rights of others Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; Content that is false and misleading; Unsolicited promotions, political campaigning, advertising or solicitations; Viruses, corrupted data or other harmful, disruptive or destructive files; Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or Content that, in the sole judgment of BMGCI, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose BMGCI or its affiliates or its users to any harm or liability of any type.
BMGCI takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is BMGCI liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter on the Site.
As a provider of interactive services, BMGCI is not liable for any statements, representations or Content provided by its users in any Interactive Area or elsewhere on the Site. Although BMGCI has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, BMGCI reserves the right, and has absolute discretion, to remove, screen or edit without notice any Content posted or stored on the Site at any time and for any reason.
Rights to User Content
By posting or distributing Content to or through the Site, unless we indicate otherwise, you (a) grant BMGCI and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Content throughout the world in any media, now known or hereafter devised; (b) grant BMGCI and its affiliates and sublicensees the right to use the name that you submit in connection with such Content, if they choose; and (c) represent and warrant that (i) you own and control all of the rights to the Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such Content to or through the Site; (ii) such Content is accurate and not misleading; and (iii) use and posting or other transmission of such Content does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity. You further grant BMGCI the right to pursue at law any person or entity that violates your or BMGCI's rights in the Content by a breach of these Site Terms.
User Information, Registration Data, Email Alerts and Account Security
This Agreement sets forth the terms and conditions that govern the use of this Site by the User. By using this Site (other than to read this Agreement for the first time), End User agrees to comply with all of the terms and conditions set forth in this Agreement. The right to use this Site is given on an individual basis to a specific End User and is not transferable. Each End User is responsible for protecting the confidentiality of End User's password(s), if any.
You agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password; (c) maintain and promptly update the Registration Data, and any other information you provide to BMGCI, and to keep it accurate, current and complete; (d) consent, upon registration with the Site, to having your email address included on an email alert list for your city whereby you will be alerted by email of the offers presented for that city or cities. You can subscribe for additional email alert lists for additional cities by changing your preferences or unsubscribe from email alert list(s) at any time by clicking on the appropriate links in any email alert you receive; and (e) accept all risks of unauthorized access to the Registration Data and any other information you provide to BMGCI.
End User acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of BMGCI and that BMGCI shall not be responsible for any data lost while transmitting information on the Internet. While BMGCI endeavours to make the Site accessible 24 hours per day, 7 days per week, it is possible that the Site may be unavailable from time to time for any reason including but without limitation to routine maintenance. You understand, acknowledge and agree that due to circumstances, whether or not controllable by BMGCI, your access to the Site may be interrupted, suspended or terminated from time to time or generally.
BMGCI has the right to change or discontinue any aspect or feature of the Site and BMGCI's business, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, BMGCI may discontinue any portion of the Site or any information disseminated or displayed or the method of such dissemination or display at any time.
Advertisements and Promotions
BMGCI may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than BMGCI, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. BMGCI is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.
Except as expressly provided to the contrary in a writing by BMGCI, the Site, the materials contained therein and the services provided on or in connection therewith including without limitation any mobile billing functionality (the "Services") are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. BMGCI expressly disclaims all other warranties, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title and noninfringement as to the Services, information, that the Site will be uninterrupted or error free, Content and materials on the Site. BMGCI does not represent or warrant that materials in the Site or the Services are accurate, complete, reliable, current or error-free, and expressly disclaims any warranty or representation as to the accuracy or proprietary character of the Site, the Site Content or any portion thereof. BMGCI is not responsible for typographical errors or omissions relating to pricing, text or photography.
While BMGCI attempts to make your access to and use of the Site and the Services safe, BMGCI cannot and does not represent or warrant that the Site or its server(s) are free of viruses or other harmful components; therefore, you should use industry-recognized software to detect and disinfect viruses from your computer on a regular basis.
Limitation Of Liability
You waive and covenant not to assert any claims or allegations of any nature whatsoever against BMGCI, its affiliates, its loyalty program partners, or their respective directors, officers, employees or agents (collectively, the "BMGCI Parties") arising out of or in any way relating to your use of the Site, the Services, the Content or the materials contained in or accessible through the Site.
In no event shall the aggregate liability of the BMGCI Parties, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Site exceed any compensation you pay, if any, to BMGCI for access to or use of the Site.
Privacy and User Communications
BMGCI is under no obligation to refrain from reproducing, publishing or otherwise using communications other than personal information, you send to or receive from BMGCI by electronic mail or other electronic means, including any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose, including the developing, manufacturing and/or marketing or products or services incorporating such information.
Applicable Law and Venue
The BMGCI Site (excluding Third-Party Sites) is published and operated by another hosting company. The Site is accessible in all Provinces of Canada and in other countries. You and BMGCI both benefit from establishing a predictable legal environment in regard to the Site. Therefore, you and BMGCI explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Site will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein.
Except where prohibited by applicable law, any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether preexisting, present or future) arising out of or relating to these Site Terms; (b) the Services; (c) oral or written statements, advertisements or promotions relating to these Site Terms or to the Services; or (d) the relationships that result from these Site Terms or the Services (collectively, a "Claim") will be referred to and determined by a sole arbitrator (to the exclusion of the courts).
Except where prohibited by applicable law, you waive any right you may have to commence or participate in any class action against BMGCI related to any Claim and, where applicable, you also agree to opt out of any class proceedings against BMGCI. If you have a Claim, you should give written notice to arbitrate at the address specified below. If we have a Claim, we will give you notice to arbitrate at your address provided in your Registration Data. Arbitration will be conducted by one arbitrator pursuant to the commercial arbitration laws and rules in effect on the date of the notice in the Province of Ontario.
To the extent arbitration as described in the immediately preceding paragraph is prohibited by applicable law, you agree that all Claims will be heard and resolved in a court of competent subject matter jurisdiction located in Woodbridge, Ontario. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.
If you choose to access the Site from locations other than Ontario, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify BMGCI for your failure to comply with any such laws.
Termination/Modification of License and Site Offerings
Questions and Comments
1295 Eglinton Avenue East , Unit 25
Dated: June 21, 2018
TERMS OF SALE
When you place and order to buy something on the Site you are making an offer to purchase the voucher(s) that you have selected on the following terms. To make a purchase on the Site you must first register with the Site and create a user account.
1) Once the work is complete an invoice will be issued and will be due within 14 days.
2) Please note that simply because a purchase order is submitted does not mean that BMGCI will complete the work. The purchase order is still subject to approval by BMGCI and
3) The Price contained is subject to change. If the price changes, you will be contacted and notified. If you consent to the change the work will be completed. If you do not, the order will be cancelled.
4) Any customer loyalty credit programs are subject to the Terms of Sale of BMGCI
5) BMGCI is not the supplier of the goods and/or services. They are supplied by the merchant(s), upon whose behalf we provide the vouchers to you, and the merchant is responsible for redeeming the vouchers you have purchased.
6) BMGCI is not responsible for any injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by a participating merchant. BMGCI is not responsible for any lost or stolen vouchers.
7) BY USING THIS APP YOU ARE SUBMITTING A REQUEST FOR A JOB TO BE COMPLETED. SHOULD YOU SUBMIT PURCHASE ORDER, THIS WILL BE CONSIDERED A LEGALLY BINDING CONTRACT AND YOU WILL BE CHARGED FOR ANY WORK REQUESTED.
Grocery Refund Policy
BMGCI Grocery prides itself on offering great deals with fantastic savings and working with the best companies in the food business. If you are not happy with the quality of your purchase, please let us know why within 14 days of receiving your purchase and we will do our best to make it right. If you have a quality concerns please supply pictures that detail your concern so that we are able to show the food manufacturer and provide you with a full refund. Unfortunately we cannot accept food product back once it is in your possession due to the strict food safety regulations we follow.
If you would like to request a refund or partial credit please email us at admin@BMGCI.ca