Legal Terms and Conditions of Use of the BMG BullionBars Canada Website
This website (the BMG Site) is provided solely for your informational purposes only by the BMG Group of Companies (which consists of Bullion Management Group Inc., and its wholly owned subsidiaries, Bullion Management Services Inc., Bullion Marketing Services Inc., BMG DSC Inc., Bullion Management Group (Asia) Limited, and Bullion Custodial Services Inc. and Bullion Management Group (Asia) Ltd., (collectively “BMG”). By accessing the BMG Site, you agree to be legally bound by the Terms and Conditions of Use of the BMG Site.
BMG may, at any time without notice or liability, and for any reason whatsoever, terminate, change, suspend or discontinue any aspect of this BMG Site, including without limitation:
(i) changing the availability of, restricting access to, or imposing limits on any or all features or services on, or links to, the BMG Site;
(ii) adding, removing or changing any fees or charges for use of the BMG Site or any of its features thereof; or
(iii) removing, adding, modifying or otherwise changing any content on the BMG Site.
BMG reserves the right, in its sole discretion, to correct any errors or omissions in any portion of this BMG Site at any time without notice, but confirms that it has no duty to do so.
If you do not agree with these Terms and Conditions, please do not proceed to access further web pages of the BMG Site.
ACCESS SUBJECT TO LOCAL RESTRICTIONS
The BMG Site and all information and functionality contained within it are not directed at or intended for use by any person resident or located in any jurisdiction where
(i) the distribution of such information or functionality is contrary to the laws of such jurisdiction; or
(ii) such distribution is prohibited without obtaining the necessary licenses or authorisations by the relevant branch, subsidiary or affiliate office of BMG and such licenses or authorisations have not been obtained.
SERVICES AND PRODUCTS
Products and services displayed on the BMG Site may not be eligible for sale or available to residents of certain countries or certain categories of investors. Please consult the applicable terms and conditions such as sales restrictions or key specific notes for further information.
Any materials available on the BMG Site have no regard to the specific investment objectives, financial situation or particular needs of any specific recipient. Any report available on the BMG Site is published for information purposes and is not to be construed as a solicitation or an offer to buy or sell any securities or related financial instruments. Unless specifically stated otherwise, all price information is indicative only. No representation or warranty, either express or implied, is provided in relation to the accuracy, completeness or reliability of the materials, nor are they a complete statement of the securities, markets or developments referred to on the BMG Site. The materials should not be regarded by recipients as a substitute for the exercise of their own judgement. Any opinions are subject to change without notice and may differ or be contrary to opinions expressed by other business areas or groups of BMG as a result of using different assumptions and criteria. BMG is not under any obligation to update or keep current the information contained on the BMG Site.
The information contained in the BMG Site is just for informational purposes. No information published on the BMG Site constitutes a solicitation, an offer, or a recommendation to buy or sell any investment instruments, to effect any transactions, or to conclude any legal act of any kind whatsoever.
BMG does not intend to provide investment, legal or tax advice through the BMG Site and does not represent that any securities or services discussed are suitable for any investor.
When making a decision about your investments, you should seek the advice of a professional financial advisor.
The information and materials contained on the BMG Site are provided as is and as available. BMG makes no representations or warranties of any kind, either express or implied, with respect to the information and functionality contained in the BMG Site, including but not limited to warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, BMG does not warrant the accuracy, timeliness, completeness, reliability or availability of the BMG Site or the information or results obtained from use of the BMG Site, or that the BMG Site is virus-free or error-free.
You are granted a Canadian, non-exclusive, non-transferable, non-sub-licensable, revocable, limited license to display on your computer, print and download and use the content of this BMG Site for informational purposes only and solely for your own personal or internal company use. You must include with any display or copy of the content its copyright notice (that is, the line at the bottom of this page). No other use is permitted.
You may not:
(i) remove, from any copy of the content, the copyright or other proprietary notices contained in the content; sell, reproduce, modify or attempt to modify the content in any way or reproduce or publicly display, perform, or distribute or otherwise use any content for any public, commercial, or non-educational or non-personal purpose, including without limitation use of the content on any other BMG Site; or transfer any of the content to any other person without the prior written consent of BMG;
(ii) print or copy any of the HTML or other computer software that is accessible at this BMG Site;
(iii) resell any content;
(iv) include any content in or with any product that you create or distribute;
(v) copy any content onto your own or any other website;
(vi) use this BMG Site in any manner that could damage, disable, overburden, impair, interfere with the security of, negatively affect the functioning of, or otherwise abuse, this BMG Site or any services, system resources, accounts, servers, networks, affiliated or linked BMG Sites, connected to or accessible through this BMG Site (including without limitation uploading, posting or otherwise transmitting on this BMG Site computer viruses, Trojan horses, worms or other files or computer programs which are potentially harmful, disruptive or destructive or that may impose an unreasonable or disproportionately large load on this BMG Site’s infrastructure; or using any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this BMG Site or the content in whole or in part);
(vii) disrupt or interfere with any other person’s use or enjoyment of this BMG Site or affiliated or linked BMG Sites, or any services thereof; transmit on, to or from this BMG Site spam, chain letters, junk mail or any other type of unsolicited mass e-mail; delete or revise any materials posted by any other person or entity; or harvest or otherwise collect information about others including e-mail addresses, except for the sole stated purpose of the particular function on the BMG Site, without their consent and without complying with the requirements of applicable privacy legislation;
(viii) post notices or advertisements, commercial or otherwise or solicit business from users of the BMG Site, including without limitation posting any franchise, pyramid scheme, club membership, distributorship or sales representative agency arrangement or other business opportunity which requires an upfront or periodic payment, or requires recruitment of other members, sub-distributors or sub-agents; or
(ix) post or transmit any materials that are unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, or tortious, or that infringes or violates any third party’s copyright, trademark, trade secrets, privacy or other proprietary or property rights or that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.
In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of this BMG Site, and that you will comply with all laws that apply or may apply to your use of or activities on this BMG Site or in respect of the content. BMG will investigate occurrences which may involve violations of such laws, and may involve, and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations. BMG reserves the right at all times to disclose any information regarding your usage of the BMG Site as necessary to satisfy any law, regulation or governmental request.
The content is protected by Canadian and worldwide copyright laws and treaty provisions. Any unauthorized copying, redistribution, reproduction or modification of the content by any person may be a violation of trade-mark and/or copyright laws and could subject such person to legal action. You agree to comply with all copyright laws worldwide in your use of this BMG Site and to prevent any unauthorized copying of the content. Any software, as well any files, images generated by such software, code and data accompanying such software (the Software), used or accessible through this BMG Site is the copyrighted work of BMG or its licensors. Except as permitted by law, you may not use the Software for any other purpose or attempt to decipher, decompile, disassemble or reverse engineer any of the Software comprising or in any way making up a part of the BMG Site.
Certain names, graphics, logos, icons, designs, words, titles and phrases on this BMG Site, including without limitation BMG constitute trade-marks, trade names, trade dress and associated products and services of BMG or its affiliates (the Marks), and are protected in Canada and internationally and their display on this BMG Site does not convey or create any license or other rights in the Marks. Any use of any of same, in whole or in part, without prior written authorization of BMG is strictly prohibited.
Other trade-marks, trade names, trade dress and associated products and services mentioned on this BMG Site may be the trademarks of their respective owners. The display of these trade-marks, trade names, trade dress and associated products and services on this BMG Site does not convey or create any license or other rights in these trademarks or trade names. Any unauthorized use of them is strictly prohibited.
The BMG Site may contain links to third party websites which are provided exclusively, for your information and convenience. BMG has no control over, and does not make any representations or warranties regarding, and does not endorse, any third party content or websites, including but not limited to, the subject matter, accuracy, quality or timeliness. BMG expressly disclaims any liability with respect thereto. If you do access linked third party websites, you do so at your own risk.
Any of your personal information which BMG collects via this BMG Site is subject to the BMG Privacy Statement, which is incorporated by reference into the Terms and Conditions.
Subject to any applicable law and the requirements of the BMG Privacy Statement, any communications sent by or to you via this BMG Site or otherwise to BMG are on a non-confidential basis, and BMG is under no obligation to refrain from reproducing, publishing or otherwise using them in any way or for any purpose. BMG shall be free to use and disclose the content of any such communication, including without limitation any ideas, inventions, concepts, techniques or know-how disclosed in the BMG Site, for any purpose including without limitation developing, manufacturing and/or marketing goods and services. You agree to not assert any ownership right of any kind in such communications (including without limitation copyright, trade-mark, patent, unfair competition, moral rights, or implied contract) and you hereby waive the right to receive any financial or other consideration in connection with such communication, including without limitation acknowledgement of you as the source of such communications.
ELECTRONIC COMMUNICATION (E-MAIL)
The Internet is an universally accessible medium. Ordinary e-mail messages sent over the Internet are neither confidential nor secure. They may be viewed by third parties, lost, intercepted or altered. E‑mails may circulate across national borders, even if both sender and recipient are located in the same country.
You are therefore recommended to communicate with BMG by using a secure channel if such channel is provided by BMG. In no event should you use ordinary e-mail to transmit personal or confidential information such as any account related data.
Unless explicitly stated otherwise, BMG does not accept any orders or instructions sent by e-mail or any other electronic messaging system.
BMG shall not be liable to you or anybody else for any damages incurred in connection with any messages sent to BMG using ordinary e-mail or any other electronic messaging system.
BMG makes reasonable efforts to ensure that the content is accurate at the time it is posted on the BMG Site, however, BMG makes no representation or warranty of any kind regarding the BMG Site or the content, including without limitation, any representation or warranty regarding the accuracy, reliability, currency, or completeness of the content. For certainty, financial market data on the BMG Site, including without limitation quotes, charts and news, is provided by various information suppliers that are independent of BMG and is for the purposes of the Terms and Conditions considered content for which BMG makes no representation or warranty.
BMG makes no representation or warranty that content at this BMG Site is appropriate or available for use at any locations outside Canada. Accessing the content from locations where their contents are illegal is prohibited. Those who choose to access this BMG Site from other locations do so, on their own initiative and are responsible for compliance with local laws.
You acknowledge and agree that the BMG Site, including without limitation the content, is provided on an AS IS basis; and that any use of or reliance on the BMG Site shall be at your sole risk.
BMG does not make any, and expressly disclaim all, representations, warranties, covenants and conditions, express or implied, by operation of law or otherwise, including without limitation any implied warranties and conditions of merchantability, merchantable quality, or fitness for any particular purpose, or non-infringement, or any implied representations or warranties arising out of course of performance, course of dealing or usage of trade. For greater certainty, BMG does not warrant that this BMG Site will continue to operate, operate without interruptions or be error-free.
LIMITATION OF LIABILITY
BMG does not accept responsibility or liability for your use of the BMG Site or for any loss or damages whatsoever, whether based on contract, negligence or other legal basis, including without limitation direct, indirect, special, punitive, exemplary or consequential damages or other damages (including without limitation damages for harm to business, loss of information or programs or data, loss of profit, loss of savings, loss of revenue, loss of goodwill), arising from or in connection with the use of or access to, or any inconvenience, delay or loss of use of or access to this BMG Site, the content, any content of any linked web BMG Site, or failure of such websites, (including without limitation any damages suffered as a result of omissions or inaccuracies in such websites or content, or the transmission of confidential or sensitive information to or from such websites) even if BMG or any of its affiliates has been advised of the possibility of such damage or loss or if such damage or loss was foreseeable.
You agree to defend, indemnify and hold harmless each of BMG and all its employees, agents, officers, and directors, and all third parties mentioned at the BMG Site, from and against any and all claims, actions or demands, and losses or damages relating thereto, alleged to result from or resulting from your use of the BMG Site and the content or your breach of the Terms and Conditions.
CHOICE OF LAW
This BMG Site is controlled, operated and administered by BMG from its offices within the Province of Ontario, Canada. By accessing this BMG Site, you agree that all matters relating to the access to, or use of, this BMG Site shall be governed by the applicable laws of the Province of Ontario and the federal laws of Canada, without reference to its conflict of laws principles, and that you will comply with all such applicable laws.
CONFLICT WITH ADDITIONAL TERMS
Certain web pages or areas on the BMG Site may contain additional terms, conditions, disclosures and disclaimers (together Additional Terms). In the event of a conflict between these Terms and Conditions and the Additional Terms, the Additional Terms will govern for those web pages or areas.
The Terms and Conditions constitute the entire agreement between BMG and you, with respect to the subject matter hereof, and supersede all communications, representations or agreements, either oral or written, between BMG or its affiliates and you with respect to this subject matter. If for any reason a court of competent jurisdiction finds any provision of the Terms and Conditions or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Terms and Conditions, and the remainder of the Terms and Conditions shall continue in full force and effect. BMG’s failure to insist upon or enforce strict performance of any provision of the Terms and Conditions or any right shall not be construed as a waiver of any such provision or right. Any cause of action you may have with respect to your use of this BMG Site or which is the subject of the Terms and Conditions must be commenced within one year after the claim or cause of action arises. No waiver of any provision to the Terms and Conditions shall be valid unless in writing and signed by an authorized representative of both you and BMG. No changes to the Terms and Conditions shall be made except by a revised posting on this page. The Terms and Conditions shall enure to the benefit of BMG. The headings are for convenience only and shall have no legal or interpretive effect. Additional terms and conditions may apply when you use other services, affiliate services, third party content or third party software on or through a link provided on the BMG Site. BMG may assign its rights and duties under this Agreement to any party at any time without notice to you. You may not assign your rights and duties under this Agreement to any party at any time.
QUESTIONS ON TERMS AND CONDITIONS
Updated: May 1, 2012