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Terms and Conditions

Last updated: June 18, 2024 at 7:39 am

These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your relationship with www.bdnmb.ca website (the “Service”) operated by BDNMB.CA (“us”, “we”, or “our”).

Please read these Terms and Conditions carefully before using the Service.

Your access to and use of the Service is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms and accept all legal consequences. If you do not agree to these terms and conditions, in whole or in part, please do not use the Service.

Purchases

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.

We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected. We will not be held responsible or liable for any failure for the Purchase to complete, or any resulting loss or damages to you.

Availability, Errors and Inaccuracies

In order to provide exceptional service, and accuracy, we regularly update the products and services on the Service.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Despite our best efforts, the products or services available on our Service may have an error regarding the price, be inaccurately described, or be unavailable.

We may experience delays in updating information on the Service and in our advertising on other websites.

Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

Promotions may be available for a limited time.

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

We reserve all rights to block or remove communications or materials that we determine to be: (a) abusive, defamatory, or obscene; (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark or, other intellectual property right of another or; (d) offensive or otherwise unacceptable to us in our sole discretion.

You acknowledge that, by providing you with the ability to view and distribute user-generated content on the Service, we are merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Service.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Intellectual Property

The Service and all contents, including but not limited to text, images, graphics or code are the property of BDNMB.CA and are protected by copyright, trademarks, database and other intellectual property rights. You may display and copy, download or print portions of the material from the different areas of the Service only for your own non-commercial use, or to place an order with BDNMB.CA. Any other use is strictly prohibited and may violate copyright, trademark and other laws. These Terms do not grant you a license to use any trademark of BDNMB.CA or its affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Service.

Links To Other Web Sites

The Service may contain links to third-party web sites or services that are not owned or controlled by BDNMB.CA.

BDNMB.CA has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that BDNMB.CA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms.

All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

Indemnification

You agree to indemnify, defend and hold harmless BDNMB.CA, its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, losses, damages, losses, obligations, costs, actions or demands.

These include but are not limited to: (a) legal and accounting fees resulting from your use of the Service; (b) your breach of any of these Terms; (c) anything you post on or upload to the Service; and (d) any activity related to your account. This includes any negligent or illegal conduct by you, any person or entity accessing the Service using your account whether such access is obtained via fraudulent or illegal means.

Limitation Of Liability

BDNMB.CA, its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from (i) your access to or use of the Service; (ii) your inability to access or use the Service; (iii) any conduct or content of any third-party on or related to the Service; (iiv) any content obtained from or through the Service; and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer And Non-Waiver of Rights

BDNMB.CA makes no guarantees, representations or warranties of any kind as regards the website and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided for under the laws of any province in Canada. In such cases, the provincial law shall apply to the extent necessary.

BDNMB.CA its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

If you breach any of these Terms and BDNMB.CA chooses not to immediately act, or chooses not to act at all, BDNMB.CA will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. BDNMB.CA does not waive any of its rights. BDNMB.CA shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement.

You may not assign, sub-license or otherwise transfer any of your rights under these Terms.

Exclusions

As set out, above, some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. Provincial laws of Canada may apply to certain products and service provided.

Governing Law

These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of Manitoba and the laws of Canada, as applicable.

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements, oral or otherwise, regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms, please contact us.

Please find below the Terms & Conditions for businesses (“You”, The Business”) having a listing on The Business Directory inside ww.bdnmb.ca. “We”, “Us”, “Our Directory”). By continuing and purchasing a listing and using Our Directory, You are agreeing to these terms and conditions.

The Business shall ensure that the details provided in the listing are accurate and kept up to date.

The Business must ensure that the details provided for inclusion in Our Directory accurately reflect their products and services and the areas in which their services are available. We reserve the right to remove any listing at our discretion that we deem to be inaccurate or unacceptable.

The Business shall not sell or provide Services for any of the following prohibited items via our Directory:

Offensive or obscene material, including those of an adult or sexual nature or promoting the sale of dangerous weapons

– Stolen or damaged goods

– Intoxicating liquor and tobacco (except where the Supplier is properly licensed)

– Illegal or prescription drugs

– Items that infringe another party’s copyright, patent, trademark, design right, or any other intellectual property right

Products whose sale or distribution is prohibited by any applicable lawAny other products that in our discretion we consider are to be excluded.Our Directory provides the opportunity for readers and visitors to contact the Business using the details supplied to us by The Business. The Business agrees to accept these contacts. We take no responsibility for the information transmitted to you via Our Directory.

The Business shall not upload, post, email or transmit any unauthorized promotional or advertising materials or any other form of solicitation to users who make inquiries about listings in Our Directory.

The Business agrees to fully indemnify us and keep us fully indemnified against any loss damage or costs incurred by us as the result of the Business’s use of Our Directory howsoever and whensoever arising.

These terms and conditions form a legally binding contract between the Business and us in relation to the use of our Directory. When the Business is contacted by a customer in relation to Services listed in Our Directory then the transaction for the supply of services is entered into between the Business and the customer on the Business’s terms and conditions or as otherwise agreed between the Business and the customer. We have no liability to the Business for the Business’s use of Our Directory and/or for a customer’s behavior and payment and the Business contracts with a customer at the Business’s own risk.

We accept no responsibility or liability for any comments made against the Business’s listings via third party apps e.g. on social media.

We will endeavor to make Our Directory available but cannot guarantee that it will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. The Business must not attempt to interfere with the proper working of any part of Our Directory and, in particular, the Business must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any part of Our Directory.

Subscription Period: When using Stripe or PayPal, your subscription to our online business directory service can either be a 1 or 2-year subscription. You will be notified 15-days prior to a listing expire so that you can renew.

Payment Authorization: By subscribing to our service, you authorize us to charge your payment method on file for the renewal fee at the beginning of each renewal term, unless you cancel your subscription before the renewal date

Cancellation Policy: You may cancel your subscription at any time by accessing your account settings or by contacting our customer support team. If you cancel your subscription, you will continue to have access to the service until the end of the current subscription period, but your subscription will not renew for another term.

Refund Policy: We do not offer refunds for subscription fees already paid, including in cases of early cancellation. However, you will retain access to the service for the remainder of the current subscription period.

Updating Payment Information: It is your responsibility to ensure that your payment information is accurate and up-to-date to avoid any interruptions in service. You can update your payment information through your account settings.

Changes to Terms: We reserve the right to modify these auto-renewal terms at any time. Any changes will be communicated to you via email or through our website, and will take effect for subsequent renewal terms.