PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY
BeMobileStore.com (“BMS”) PROVIDES YOU ACCESS AND USE OF OUR WEB SITES, INCLUDING BeMobileStore.com AND OTHER INTERNET SITES, MOBILE APPS, AND SOCIAL MEDIA SITES OPERATED BY OR FOR BMS (collectively, the “Sites”), SUBJECT TO YOUR COMPLIANCE WITH THESE TERMS AND CONDITIONS OF USE (the “Site Terms”). BY ACCESSING, BROWSING AND USING THE SITES, YOU AGREE TO BE BOUND BY THE SITE TERMS AND ALL APPLICABLE LAW. IF YOU DO NOT AGREE TO BE BOUND BY THE SITE TERMS AND APPLICABLE LAW EACH TIME YOU USE THE SITES OR YOU DO NOT HAVE THE AUTHORITY TO AGREE TO OR ACCEPT THESE SITE TERMS, YOU MAY NOT USE THE SITES.
RELATED POLICIES AND TERMS
Additional policies and terms apply to use of specific portions of the Sites and to the purchase of certain Merchandise or Services and are included as part of the Site Terms. Please refer and review all additional specific terms and conditions at the Sites.
The Site Terms apply exclusively to your access to, and use of, the Sites and do not alter in any way the terms or conditions of any other agreement you may have with BMS for products, services, or otherwise.
MODIFICATION OF SITE TERMS
BMS reserves the right to modify these Site Terms in our sole discretion from time to time and only BMS has the right to do so. If the Site Terms are changed, we will post the new terms on the Sites and note the date they were last updated. Any changes or modification will be effective upon posting of the Site Terms as revised, and your use of the Sites following the posting will constitute your acceptance of the new Site Terms.
The Sites may only be used by residents of Canada to order goods or services intended to be delivered to addresses in Canada. Use of the Sites is governed by the provincial and federal laws of Canada. The laws of your jurisdiction may be more or less strict than the laws that apply to the Sites. If you access the Sites from outside Canada, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
LICENSE AND SITE ACCESS
BMS grants you a limited licence to view the Sites, to print individual pages from the Sites, and electronically copy pages from the Sites for the sole purpose of using materials it contains for informational and non-commercial, personal use only. This licence is conditional on your strict compliance and acceptance without modification of the Site Terms.
This licence does not include, without limitation: (a) any resale or commercial use of the Sites or any Site Materials (defined below); (b) modification, adaptation, translation, reverse engineering, decompilation, disassembly or conversion into human readable form any of the Site Materials not intended to be so read, including use of or directly viewing the underlying HTML or other code from the Sites except as interpreted and displayed in a web browser; (c) copying, imitating, mirroring, reproducing, distributing, publishing, making available, downloading, displaying, performing, posting or transmitting any Site Materials (including any BMS trademarks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or other means; (d) the collection, use or disclosure of any product listings, prices or descriptions; (e) making derivative uses of the Sites and any Site Materials; or (f) use of any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the Site Materials or to scrape or collect any information from the Sites or any other user of the Sites.
Except as noted above, you are not conveyed any right or licence by implication, waiver, estoppel, or otherwise in or under a patent, trademark, copyright, or proprietary right of BMS or any third party. You may not use any meta tags or any other “hidden text” utilizing BMS’s corporate names, trade names, trademarks, product names or service names without our express written consent. “Site Materials” means all information, software and materials on the Sites, including, without limitation, trademarks (as specifically defined in these Site Terms) design, product names, prices and descriptions, HTML text, graphics, other files, photographs, codes, layout, designs, forms and the selection and arrangement thereof.
We may terminate this licence and your use of or access to the Sites if you make or permit any unauthorized use of the Sites. Such actions by you may violate applicable law including, without limitation, copyright laws, trademark laws (including trade dress), patent laws, and communications regulations and statutes. We reserve the right to initiate civil or criminal proceedings, or both, against all violators to the fullest extent of the law.
CHANGES, MISPRINTS AND ERROR
Subject to applicable law, we: (a) reserve the right to change the goods and services advertised or offered for sale through the Sites, the prices or specifications of such goods and services, and any promotional offers and any other Site Materials at any time and from time to time without any notice or liability to you or any other person; (b) cannot guarantee that goods or services advertised or offered for sale on the Sites will be available when ordered or thereafter; (c) reserve the right to limit quantities sold or made available for sale; (d) do not warrant that the Site Materials (including without limitation product descriptions or photographs) are accurate, complete, reliable, current or error-free; and (e) reserve the right to cancel, to terminate or not to process orders (including accepted orders) where the price or other material information on the Sites is inaccurate. If we do not process an order for such reason, we will advise you that the order has been cancelled and will either not charge you or will apply credit to the payment type used in the order. Some jurisdictions may not allow the exclusions and disclaimers of certain implied warranties, so some of the provisions of this section may not apply to you.
PASSWORDS AND SECURITY
If you use a password to access the Sites or any portion of it, then you are responsible for maintaining the confidentiality of the password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur on your account or with your password. In the event that the confidentiality of your account or password is compromised in any manner, you will notify BMS immediately. BMS reserves the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Sites and your account, including without limitation, terminating your account, changing your password or requesting information to authorize transactions on your account. Notwithstanding the above, BMS may rely on the authority of anyone accessing your account or using your password and in no event will BMS be held liable to you for any costs, liabilities or damages resulting from or arising out of (i) any action or inaction of BMS under this provision, (ii) any compromise of the confidentiality of your account or password, and (iii) any unauthorized access to your account or use of your password.
All Site Materials are owned by us and others and are protected by Canadian and international copyright, trademark and other applicable laws.
BMS, BMS WHOLESALE, BMS.CA, BMS.COM (and other registered and unregistered trademarks owned by BMS or its affiliates), and their respective designs and/or logos, are registered or unregistered trademarks of BMS or its affiliates and may not be copied, imitated or used, in whole or in part, without the prior written permission of BMS. In addition, all page headers, custom graphics, button icons, and scripts are trademarks and/or trade dress of BMS, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of BMS. All other registered or unregistered trademarks, product names and company names or logos mentioned on the Sites are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without their owners’ prior written permission.
Restrictions on Use
Except as stated in the Site Terms, none of the materials and intellectual property described in these Site Terms may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of BMS or the respective intellectual property owner. You may electronically copy and print to hard copy portions of the Sites for the sole purpose of using materials it contains for informational and non-commercial, personal use only. Any other use of the materials in the Sites – including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance without the prior written permission of BMS – is strictly prohibited.
Any software, including any files, code, images incorporated in or generated by the software, and data accompanying the software (collectively “Software”), that may be made available on the Sites is licensed to you for use on a non-exclusive and limited basis. BMS shall retain full and complete title and all intellectual property rights to Software. You shall not copy, communicate to the public, make available, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works from any Software.
Links to the Site
You are granted a limited, non-exclusive right to create a hypertext link to the home page only of the Sites, provided such link does not portray BMS or any of its products and services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, frame or utilize framing or in-line linking techniques to enclose any Site Materials, BMS trademark, logo or other proprietary information, including the images found at the Sites, the content of any text or the layout/design of any page, or form contained on a page without BMS’s express written consent. All other linking is prohibited without prior written consent from BMS. Except as noted above, you are not conveyed any right or licence by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of BMS or any third party.
Third Party Links
BMS makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party web sites accessible by hyperlink from the Sites, or third-party web sites linking to the Sites. Any such hyperlinks provided by BMS are for your reference only and are used at your own risk.
USE OF THE SITE
If you register on the Sites or otherwise provide information to us via the Sites or through other electronic or non-electronic forms of communication, you agree that any such information will be current, accurate and complete.
You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of email or submissions to BMS, or postings on the Sites (“Submissions”) are non-confidential and that you remain solely responsible and liable for your Submissions. You further hereby grant (or warrant that the owner of the Submissions has granted) to us and our assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and licence to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on our part or that of our assigns, and you hereby waive all moral rights, or agree, represent and warrant that all moral rights in the Submissions (including without limitation the rights of paternity, attribution and integrity) are irrevocably waived, in favor of us and our assigns.
Restrictions for Submissions
By using the Sites, you agree not to do any of the following:
- Upload to, distribute or otherwise publish through the Sites any message, information, text, file, hyperlink, or other material (“Content”) that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, false or misleading, abusive, inflammatory or otherwise objectionable;
- Upload or transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law, including without limitation, the regulations of any provincial securities commission or other securities commission such as the U.S. Securities and Exchange Commission, or any rules of any securities exchange such as the Toronto Stock Exchange, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ Stock Market;
- Upload or transmit any Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual, industrial or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to communicate, make available, display, distribute and reproduce such Content;
- Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
- Upload to, distribute or otherwise publish through the Sites any Content such as charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes, advertising or solicitations for funds, political campaigning, mass mailings, any form of unsolicited commercial email or “spam,” (regardless of whether the email itself complies with the requirements of applicable law for sending commercial electronic messages) or offering or disseminating fraudulent goods, services, schemes or promotions; and
- Disseminate any harmful content of any kind, including without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancel bots, spyware, malware, malicious code or scripts, or any other items that may damage, interfere with, provide unauthorized access to, surreptitiously intercept, or expropriate any system, program, data or personal information.
Policies and Enforcement
Responsibility for Your Conduct
You remain solely liable for the Content of any messages or other information you upload or transmit to the discussion forums or interactive areas of the Sites. You agree to indemnify and hold harmless BMS and its parents, subsidiaries, affiliates, employees, agents and representatives from any claim, action, demand, loss, or damages (including legal fees) made or incurred by any third party arising out of or relating to your conduct, your violation of these terms and conditions, or your violation of any rights of a third party. Indirect or attempted violations of these Site Terms or any policy, and actual or attempted violations by a third party on behalf of a user of the Sites will be considered violations of these Site Terms by such user.
This website is designed for and intended for use by adults. If you are under 18, you may use the Sites only with involvement of a parent or guardian. If you are a parent or legal guardian, you must monitor and supervise the use of the Sites by children, minors and others under your care. You agree to be responsible for their use of this website.
THIS SECTION DOES NOT AFFECT THE LEGAL WARRANTY PROVIDED FOR UNDER QUÉBEC LAW. THE SITES AND THE MATERIALS PROVIDED HEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. BMS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT WITH RESPECT TO THE SITES AND MATERIALS, CONTENT, SERVICES AND PRODUCT ON THE SITES. BMS DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. BMS DOES NOT REPRESENT OR WARRANT THAT THE SITES IS FREE FROM TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. BMS DOES NOT REPRESENT OR WARRANT THAT THE SITES OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, EVEN IF BMS OR IT’S AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE THAT USE OF THE SITES, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITES IS AT YOUR SOLE RISK.
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 BMS.
LIMITATION OF LIABILITY
IN NO EVENT SHALL BMS BE LIABLE FOR ANY DIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THE SITES OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THE SITES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BMS (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF THE SITES EXCEED $5 OR THE COMPENSATION YOU PAID BMS, WHICHEVER IS LESS.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS, MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.
APPLICABLE LAW, VENUE AND LIMITATION OF ACTIONS
This section does not apply in the Province of Québec. These terms and conditions shall be governed by and construed in accordance with the laws of the Province of Alberta applicable to agreements made and entirely to be performed within the Province of Alberta, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. Regardless of where you access the Sites, you agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed and adjudicated only in the federal or provincial courts located in Alberta (Judicial District of Calgary), and you hereby irrevocably and unconditionally consent and attorn to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding arising out of these terms and conditions.
Notwithstanding any of these terms and conditions, BMS reserves the right, without notice and in its sole discretion, to terminate your licence to use the Sites, and to block or prevent future access to and use of the Sites if you violate any of these Site Terms. Upon termination, these Site Terms shall still apply.
CONSENT TO EMAIL COMMUNICATION
When you visit the Sites or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically and agree that we may communicate with you by email or by posting notices on the Sites. To unsubscribe from news, promotions, special offers and other information from BMS, regarding BMS, its affiliates and selected partners, set your Communication Preferences.
This electronic document and any other electronic documents, policies and guidelines incorporated herein will be: (i) deemed for all purposes to be a “writing” or “in writing,” and to comply with all statutory, contractual, and other legal requirements for a writing: (ii) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (iii) deemed an “original” when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or administer of proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.
If any provision of the Site Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of these Site Terms and shall not affect the validity and enforceability of any remaining provisions.
No waiver, express or implied, by BMS of any breach of or default under these Site Terms will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
The parties hereto acknowledge having expressly required that the Site Terms and all related policies and terms are to be drawn up in the English language. Les parties aux présentes reconnaissent avoir expressément exigé que les Conditions et règlements du site ainsi que toutes les politiques et règles s’y rapportant soient rédigées en anglais.
If you are experience difficulties in using the Sites, please contact Customer Service, or call us at 1-844-323-2020.
Last updated: January 1, 2015