1. Your acceptance of this agreement
This is an Agreement between you and all persons you represent (and for purposes of this Agreement, "person" includes natural persons and any type of incorporated or unincorporated entity) and bedirect Inc. ("bedirect") regarding your access to and use of bedirect's website (www.bedirect.ca) and all content, information, products and services available on or through the website (collectively, the "Website"). This Agreement also provides benefits to bedirect's affiliates, service providers, suppliers and other persons.
Each time you use the Website you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent, to be bound by this Agreement as it then reads, and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person you purport to represent. If you do not agree with each provision of this Agreement, or you are not authorized to agree to and accept this Agreement on behalf of the person you purport to represent, you may not access or use the Website. The Website is for convenience and informational purposes only and is not intended to convey advice or recommendations, or an offer to sell any product or service.
This Agreement is in addition to any other agreement you may have with bedirect, including a transaction agreement.
2. Permission to use the Website
You may use the Website only if you have reached the age of majority where you live and you can form legally binding contracts under applicable law. You may not use the Website if you live in a jurisdiction where access to or use of the Website or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of the Website is lawful, and you must comply with all applicable laws. bedirect reserves the right to request proof of identification and age. bedirect ships products to addresses in Canada, United-States and international destination.
3. Changes to this agreement
bedirect may, in its sole discretion, change this Agreement from time to time as it relates to future use of the Website, by posting a revised Agreement on the Website. By using the Website after this revised Agreement has been posted, you signify your acceptance and agreement to be bound by the revised Agreement. You may not change this Agreement in any manner.
4. Ownership and permitted use of the web site
The Website (including all content, page headers, custom graphics, button icons, and scripts and the presentation, arrangement, coordination, enhancement and selection of such and other information in text, graphical, video and audio forms, images, icons, software, designs, applications, data, and other elements available on or through the Website) is the property of bedirect and others, and is protected by Canadian and international copyright, trademark and other laws. Your use of the Website does not transfer to you any ownership or other rights in the Website or its content.
The Website is made available to you for your lawful, personal use only. You may use the Website only in the manner described expressly in this Agreement and subject to all applicable laws. Using the Website for any other purpose or in any other manner is strictly prohibited.
You may print Website pages provided that you do not modify any of the pages and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. The Website and its content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without the express prior written consent of bedirect. You may not sell or resell any part of the Website or access to the Website. You may not use any of the software that is used in the operation or provision of the Website except while you are using the Website in accordance with this Agreement.
5. Misprints and errors, product availability and prices
bedirect endeavors to provide current and accurate information on the Website. However, misprints, errors, inaccuracies, omissions (including incorrect specifications for products) or other errors may sometimes occur. bedirect cannot guarantee that products and services advertised on the Website will be available when ordered or thereafter. bedirect does not warrant that the content of the Website including, without limitation, product descriptions or photographs, is accurate or complete.
bedirect reserves the right to: (a) correct any error, inaccuracy or omission at any time without prior notice or liability to you or any other person; (b) change at any time the products and services advertised or made available for sale on the Website, the prices, fees, charges and specifications of such products and services, any promotional offers and any other Website content without any notice or liability to you or any other person; (c) reject, correct, cancel or terminate any order, including accepted orders for any reason and (d) limit quantities available for sale or sold.
The advertisements on the Website are invitations to you to make offers to purchase products and services on the Website and are not offer to sell. All prices and other amounts are in Canadian dollars.
6. Trademark information
bedirect, bedirect logo, and other names and logos appearing on or in connection with the Website (the "Marks") are registered or unregistered trademarks, service marks, trade names and logos owned or licensed by bedirect or their respective owners or licensees.
Any use of the Marks, except as expressly provided in this Agreement, is strictly prohibited. Nothing appearing on the Website or elsewhere shall be construed as granting, by implication, or otherwise, any license or right to use any of the Marks.
7. No linking, framing mirroring, scraping, data-mining or postings
Links to the Website without the express written permission of bedirect are strictly prohibited. To request permission to link to the Website, please send an email to webmaster@bedirect.ca. bedirect may in its discretion cancel and revoke any permission it may give to link to the Website at any time and without any notice or liability.
The framing, mirroring, scraping or data-mining of the Website or any of its content in any form and by any means is strictly prohibited. You may not use any collaborative browsing or display technologies in connection with your use of the Website or to post comments, communications, or any other data of any kind to or on the Website with the intention that such postings may be viewed by other users of the Website.
8. Login names and passwords
Certain areas and features of the Website are accessible only to users who have been issued a login name and password (collectively "Codes") by bedirect. For the purposes of accessing the Website, the Codes remain the property of bedirect and may be cancelled or suspended at any time by bedirect in its discretion without any notice or liability to you or any other person.
bedirect is not under any obligation to verify the actual identity or authority of any person using Codes to access and use the Website. bedirect may act upon any communication that is given with the use of Codes. bedirect may in its discretion at any time require proof of the identity of any person seeking to access and use the Website, and may deny access to and use of the Website or parts of it or refuse to accept or act upon any communication if bedirect is not satisfied with such proof.
If you have been issued Codes: (a) you are fully responsible and liable for the security of the Codes and any and all use and misuse of the Codes; (b) you will keep the Codes secure and confidential at all times and not disclose the Codes to any other person or permit any other person to use the Codes; (c) you will ensure that all uses of the Codes comply with this Agreement; (d) once you have logged-on to the Website using the Codes, you will not leave the computer terminal used to access the Website unless and until you have terminated the session and logged-off the Website; and (e) you will immediately notify bedirect by telephone (514) 357-6936 or email to: info@bedirect.ca if you know or suspect that any Codes have been lost or stolen or become known to or used by any other person.
9. Software agreements
bedirect may cause software to be available for you to download from the Website or through other Websites and Internet resources. The software is protected by copyright, and your downloading and use of the software is governed by the applicable transaction agreement and the Software Licence Agreement specific to the software. By downloading software, you signify your agreement and acceptance of the applicable transaction agreement and Software Licence Agreement.
10. Contests
From time to time bedirect may make contests available to users of the Website and others. All contests are governed by this Agreement and the applicable Contest Rules. By participating in a contest through the Website, you signify your agreement and acceptance of this Agreement and the applicable Contest Rules.
11. Unsolicited submissions
In order to avoid potential misunderstandings or disputes, bedirect does not accept or consider unsolicited ideas or suggestions ("Submissions"). If you send Submissions to bedirect or the Website, you automatically grant (or warrant that the owner of the Submissions grants) to bedirect and its successors, assigns and licensees a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use and 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 any attribution or compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of bedirect or its successors, assigns and licensees, and you agree, represent and warrant that all moral rights in the Submissions are waived in favor of bedirect and its successors, assigns and licensees.
12. Your information
All information you provide through the Website, including registration information (name and email address), payment information (credit card numbers and expiration dates), and transaction-related information, must be true, accurate, current and complete. bedirect will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, bedirect or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information and payment information within 30 days of any change.
13. Disclaimers, liability exclusions/limitations and indemnity
13.1 Disclaimers
Your access to and use of the Website is at your own risk. The Website is provided on an "as is" and "as available" basis, without any representations, warranties or conditions of any kind, whether express or implied, and including without limitation implied representations, warranties or conditions of or relating to accuracy, accessibility, fitness for a particular purpose, merchantability, performance or durability, all of which are disclaimed by bedirect to the fullest extent permitted by law.
13.2 Liability exclusions
bedirect and its providers will never be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to the Website or this agreement including but not limited to loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by bedirect or any person for whom bedirect is responsible, and even if bedirect has been advised of the possibility of such loss or damage being incurred.
13.3 Acknowledgement and exclusion by statue in certain jurisdictions
The exclusion of certain warranties and the limitation of certain liabilities are prohibited in some jurisdictions. These statutory prohibitions may apply to you.
14. Personal information privacy
We are committed to letting you know how we use your personal information. Unless you expressly authorize us to do otherwise, we will ensure that the privacy of the personal information that you provide us will be protected and not disclosed to any third parties. It's possible that these information may be used to send bedirect promotions but it will always be possible to unsubscribe.
15. Exchanging or returning products purchased
If for any reason you are not completely satisfied with your purchases, bedirect will gladly refund you or exchange products except when contrary indications. Simply contact us (sales@bedirect.ca) within 15 days after reception of products to get a return authorization number. Products must be in its original condition and packaging (including all manuals & accessories). There will be a nominal charge for missing packaging, accessories or manuals. The bedirect responsibility is limited to the amount of purchased products and excludes shipping. Customer will handle shipping charges to return purchased products. Refund will be made as soon as returned products will be received. Note that computers, tablets, softwares, sealed objects and discontinued or refurbished items are not returnable.
16. Warranty
bedirect warranty is limited to the exchanging/returning period explained in 15. When this period is ended, your are responsible to contact manufacturer directly to have support for purchased products.
17. Other sites/resources
For your convenience, the Website may include links or references to other Internet sites or resources and businesses operated by other persons (collectively "Other Sites"). Other Sites are independent from bedirect, and bedirect has no responsibility or liability for or control over Other Sites, their business, goods, services, or content. bedirect does not sponsor or endorse Other Sites or their business, goods, services, or content, unless expressly indicated in writing. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk, and you will not make any claim against bedirect arising from, connected with, or relating to your use of Other Sites or your dealings with the owners or operators of Other Sites. As between you and bedirect, this Agreement, with all necessary modifications, applies to your access and use of any Other Sites and their business, goods, services and content.
18. 9-1-1 Service Provision
Description
VoIP services allow you to make or receive telephone calls over the Internet to or from the public switched telephone network. The nature of VoIP telephone calls, while appearing similar to traditional telephone calling services, create unique limitations and circumstances, and you acknowledge and agree that differences exist between traditional telephone service and VoIP telephone services, including the lack of traditional 9-1-1 emergency services.
9-1-1 service
Because of the unique nature of VoIP telephone calls, emergency calls to 9-1-1 through your VoIP service will be handled differently than traditional phone service. The following provisions describe the differences and limitations of 9-1-1 emergency calls, and you hereby acknowledge and understand the differences between traditional 9-1-1 service and VoIP calls with respect to 9-1-1 calls placed to emergency services from your account as described below.
Placing 9-1-1 calls
When you make a 9-1-1 emergency call, the VoIP service will attempt to automatically route your 9-1-1 call through a third-party service provider to the Public Safety Answering Point ("PSAP") corresponding to your address of record on your account. However, due to the limitations of the VoIP telephone services, your 9-1-1 call may be routed to a different location than that which would be used for traditional 9-1-1 dialling. For example, your call may be forwarded to a third-party specialized call centre that handles emergency calls. This call centre is different from the PSAP that would answer a traditional 9-1-1 call which has automatically generated your address information, and consequently, you may be required to provide your name, address, and telephone number to the call centre.
How your information is provided
The VoIP service will attempt to automatically provide the PSAP dispatcher or emergency service operator with the name, address and telephone number associated with your account. However, for technical reasons, the dispatcher receiving the call may not be able to capture or retain your name, phone number or physical location. Therefore, when making a 9-1-1 emergency call, you must immediately inform the dispatcher of your location (or the location of the emergency, if different). If you are unable to speak, the dispatcher may not be able to locate you if your location information is not up to date.
Correctness of information
You are responsible for providing, maintaining, and updating correct contact information (including name, residential address and telephone number) with your account. If you do not correctly identify the actual location where you are located, or if your account information has recently changed or has otherwise not been updated, 9-1-1 calls may be misdirected to an incorrect emergency response site.
Disconnections
You must not disconnect the 9-1-1 emergency call until told to do so by the dispatcher, as the dispatcher may not have your number or contact information. If you are inadvertently disconnected, you must call back immediately.
Connection time
For technical reasons, including network congestion, it is possible that a 9-1-1 emergency call will produce a busy signal or will take longer to connect when compared with traditional 9-1-1 calls.
9-1-1 calls may not function
For technical reasons, the functionality of 9-1-1 VoIP emergency calls may cease or be curtailed in various circumstances, including but not limited to:
Failure of service or your service access device - if your system access equipment fails or is not configured correctly, or if your VoIP service is not functioning correctly for any reason, including power outages, VoIP service outage, suspension or disconnection of your service due to billing issues, network or Internet congestion, or network or Internet outage in the event of a power, network or Internet outage; you may need to reset or reconfigure the system access equipment before being able to use the VoIP service, including for 9-1-1 emergency calls; and changing locations - if you move your system access equipment to a location other than that described in your account information or otherwise on record with BEDIRECT.
Alternate services
If you are not comfortable with the limitations of 9-1-1 emergency calls, BEDIRECT recommends that you terminate the VoIP services or consider an alternate means for accessing traditional 9-1-1 emergency services.
Inform other users
You are responsible for notifying, and you agree to notify, any user or potential users of your VoIP services of the nature and limitations of 9-1-1 emergency calls on the VoIP services as described herein.
Limitation of liability and indemnification
Neither BEDIRECT, its affiliates or any of their respective officers, directors, employees, or agents may be held liable for (i) any claim, damage, or loss (including but not limited to profit loss), or (ii) any damage as a result of service outage, data loss. The customer hereby waives any and all such claims or causes of action, arising from or relating to any service outage and/or inability to dial 9-1-1 from his customer phone line or to access emergency service personnel unless it is proven that the act or omission proximately causing the claim, damage, or loss constitutes gross negligence, recklessness, or intentional misconduct on the part of T BEDIRECT.
Subject to the provisions of this agreement, BEDIRECT does not provide any other warranties of any kind either express or implied, including without limitation the warranties of merchantability and fitness for a particular purpose.
The customer agrees to defend, indemnify, and hold harmless BEDIRECT, its affiliates, and their respective officers, directors, employees, agents, legal representatives and any other service provider that offers services to the customer or BEDIRECT in relation with the present agreement or the service provided, from any and all claims, losses, damages, fines, penalties, costs, expenses, legal fees, etc., by, or on behalf of, the customer, any third party or user of the customers' service relating to the absence, failure or outage of the service, including 9-1-1 dialling and/or inability of the customer or any third party or user of their service to be able to dial 9-1-1 or to have access to emergency service personnel, as well as any misroutes of 9-1-1 calls.
19. Termination
Not withstanding any other provision of this Agreement, bedirect may in its discretion change, discontinue, modify, restrict, suspend or terminate the Website or any part of it without any notice or liability to you or any other person. bedirect may in its discretion and for its convenience at any time immediately terminate, temporarily or permanently, this Agreement or your permission to access and use the Website without any notice or liability to you or any other person.
If this Agreement or your permission to access or use all or any part of the Website is terminated for any reason, then this Agreement and all other then existing agreements between you and bedirect will continue to apply and be binding upon you regarding your prior access to and use of the Website, and anything connected with, relating to or arising therefrom.
20. Governing law and dispute resolution
This Agreement, your access to and use of the Website, and all related matters are governed solely by the laws of Québec, Canada and applicable federal laws of Canada (and in the case of use of the Website in Quebec by residents of Quebec, by the laws of Quebec and the applicable federal laws of Canada). Any dispute between you and bedirect or any other person arising from, connected with or relating to the Website, this Agreement, or any related matters (collectively "Disputes") will be resolved in front of the Courts of Québec, sitting in the city of Saint-Jean-sur-Richelieu, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts in respect of all Disputes.
21. Other matters
If any provision of this Agreement is held to be invalid or unenforceable for any reason, then the provision will be deemed to be severed from this Agreement and the remaining provisions will continue in full force and effect.
This Agreement ensures to the benefit of and is binding upon each of bedirect and its successors, assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns and personal representatives. You may not assign this Agreement or the rights and obligations under this Agreement. bedirect may assign this Agreement and its rights and obligations under this Agreement without your consent.
No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under this Agreement will be: (a) deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party; or (b) effective unless in writing and signed by all parties.
The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language.
Any rights not expressly granted by this Agreement are reserved to bedirect.
bedirect is a registered trademark of bedirect Inc (www.bedirect.ca).
