This version in effect since September 29, 2008; REVISED JANUARY 28, 2013
WELCOME TO BESTBUYCANADALTD.CA. PLEASE READ THIS AGREEMENT CAREFULLY AS IT GOVERNS YOUR USE OF THE BESTBUYCANADALTD.CA WEBSITE. IT EXEMPTS BEST BUY CANADA LTD. AND OTHER PERSONS FROM LIABILITY OR LIMITS THEIR LIABILITY, AND CONTAINS OTHER IMPORTANT PROVISIONS THAT YOU SHOULD READ.
This Agreement contains the following provisions
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 Best Buy Canada Ltd. Best Buy regarding your access to and use of Best Buy’s bestbuycanadaltd.ca website and all content, information, products and services available on or through the website (collectively, the "Website"). This Agreement also provides benefits to Best Buy’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 Best Buy, including a transaction agreement.
You may use the Website only if you are a resident of Canada or the United States, 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. Best Buy reserves the right to request proof of identification and age.
Best Buy 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.
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 Best Buy 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 Best Buy. 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.
Best Buy endeavours to provide current and accurate information on the Website. However, misprints, errors, inaccuracies, omissions or other errors may sometimes occur. Best Buy does not warrant that the content of the Website is accurate or complete.
Best Buy 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; and (b) change at any time any Website content without any notice or liability to you or any other person.
FUTURE SHOP®, FUTURE SHOP LTD.®, THE FUTURE SHOP®, FUTURE SHOP & DESIGN®, FUTURE SHOP EXPRESS®, the futureshop.ca logo, BEST BUY®, BEST BUY & DESIGN®, GEEK SQUAD®, the bestbuy.ca logo and other names and logos appearing on or in connection with Website (the "Marks") are registered or unregistered trademarks, service marks, trade names and logos owned or licensed by Best Buy 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, estoppel, or otherwise, any licence or right to use any of the Marks.
Links to the Website without the express written permission of Best Buy are strictly prohibited. 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.
Best Buy 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.
In order to avoid potential misunderstandings or disputes, Best Buy does not accept or consider unsolicited ideas or suggestions ("Submissions"). If you send Submissions to Best Buy or the Website, you automatically grant (or warrant that the owner of the Submissions grants) to Best Buy 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 Best Buy or its successors, assigns and licensees, and you agree, represent and warrant that all moral rights in the Submissions are waived in favour of Best Buy and its successors, assigns and licensees.
All information you provide through the Website, including registration information (name and email address), must be true, accurate, current and complete. Best Buy 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, Best Buy 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 within 30 days of any change.
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 Best Buy, and Best Buy has no responsibility or liability for or control over Other Sites, their business, goods, services, or content. Best Buy 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 Best Buy 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 Best Buy, this Agreement, with all necessary modifications, applies to your access and use of any Other Sites and their business, goods, services and content.
Notwithstanding any other provision of this Agreement, Best Buy 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. Best Buy 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 Best Buy 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.
This Agreement, your access to and use of the Website, and all related matters are governed solely by the laws of British Columbia, 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 Best Buy or any other person arising from, connected with or relating to the Website, this Agreement, or any related matters (collectively "Disputes") will be resolved before the Courts of British Columbia, sitting in the City of Vancouver (and in the case of use of the Website in Quebec by residents of Quebec, before the Courts of Quebec, sitting in the City of Montreal), and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts in respect of all Disputes.
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 enures to the benefit of and is binding upon each of Best Buy 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. Best Buy 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. Les parties conviennent et exigent expressément que ce Contrat et tous les documents qui s'y rapportent soient rédigés en anglais.
Any rights not expressly granted by this Agreement are reserved to Best Buy.