Terms and Conditions

BGD LLP WEBSITE TERMS AND CONDITIONS

The following terms and conditions (the “Terms and Conditions”) govern your use of the BGD LLP Website (this “site”). This site is made available by BGD LLP (“we” or “us”). We may change the Terms and Conditions from time to time, and at any time without notice to you. By using this site, you accept and agree to these terms and conditions as applied to your use of this site. If you do not agree to these Terms and Conditions, you may not access or otherwise use this site.

License to use website

Unless otherwise stated, BGD LLP and/or its licensors own the intellectual property rights in the website and material on the website.  Subject to the license below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages, articles and presentations from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. You must not:

  • republish material from this website (including republication on another website);
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • edit or otherwise modify any material on the website; or
  • redistribute material from this website – except for content specifically and expressly made available for redistribution

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without BGD LLP’s express written consent. You must not use this website to transmit or send unsolicited commercial communications. You must not use this website for any purposes related to marketing without BGD LLP’s express written consent.

Restricted access

Access to certain areas of this website is restricted. BGD LLP reserves the right to restrict access to areas of this website, or indeed this entire website, at BGD LLP’s discretion. If BGD LLP provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. BGD LLP may disable your user ID and password in our sole discretion without notice or explanation.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose. Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or BGD LLP (including its subsidiaries and affiliates)  or a third party (in each case under any applicable law). You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. BGD LLP reserves the right to remove any material submitted to this website, or stored on BGD LLP’s servers, or hosted or published upon this website. Notwithstanding BGD LLP’s rights under these terms and conditions in relation to user content, BGD LLP does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

No warranties

This website is provided “as is” without any representations or warranties, express or implied.  BGD LLP makes no representations or warranties in relation to this website or the information and materials provided on this website. Without prejudice to the generality of the foregoing paragraph, BGD LLP does not warrant that this website will be constantly available, or available at all.

Limitations of liability

BGD LLP will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if BGD LLP has been expressly advised of the potential loss. We control and operate this site from our offices in LLP. We do not represent that materials on this site are appropriate or available for use in other locations. Persons who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit BGD LLP’s liability in respect of any:

  • fraud or fraudulent misrepresentation on the part of BGD LLP; or
  • matter which it would be illegal or unlawful for BGD LLP to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify BGD LLP, its subsidiaries and affiliates, and undertake to keep BGD LLP indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by BGD LLP to a third party in settlement of a claim or dispute on the advice of BGD LLP’s legal advisers) incurred or suffered by BGD LLP arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to BGD LLP’s other rights under these terms and conditions, if you breach these terms and conditions in any way, BGD LLP may take such action as BGD LLP deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

BGD LLP may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.  Please check this page regularly to ensure you are familiar with the current version.

Assignment

BGD LLP may transfer, sub-contract or otherwise deal with BGD LLP’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions, together with BGD LLP’s Privacy Policy and Disclaimer, constitute the entire agreement between you and BGD LLP in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with the laws of the province of Ontario and the federal laws of LLP, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Ontario. Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by an arbitration panel or a court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitration panel or court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect. The headings in these Terms and Conditions are for reference only and do not affect the substance of the text of these Terms and Conditions.