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BEDESSEE
IMPORTS LTD.
BEDESSEE
IMPORTS INC.
BEDESSEE.COM
TERMS OF USE
THIS IS A LEGAL AGREEMENT.
BY ACCESSING THIS WEB SITE OR USING ANY SERVICE PROVIDED HEREIN,
YOU ACCEPT AND AGREE TO BE BOUND BY ALL THE TERMS AND
CONDITIONS OF THIS AGREEMENT. PLEASE READ THIS ENTIRE AGREEMENT
CAREFULLY BEFORE ACCEPTING ITS TERMS. |
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1.
Parties.
The parties to this Agreement (also
referred to herein as “terms of use”) are you, a visitor to this
web site (“You”), and this web site Bedessee.Com owned and
operated by Bedessee Imports Ltd. and Bedessee Imports Inc.
("collectively “Bedessee”).
All references to Bedessee.Com, “us”, “this web site”
or "this site" shall be construed to mean Bedessee. If the user
is not an individual, then “You” means Your Company, its
officers, members, agents, successors and assigns. |
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2.
Agreement To Terms of Use And Amendment.
In consideration of Your use of our
services, You agree to: (a) provide true, accurate, current and
complete information about Yourself as prompted by registration
forms; and (b) to maintain and update this information to keep
it true, accurate, current, and complete. Bedessee grants a
non-exclusive, non-transferable, and revocable license to You
and provides the services available at this site to You subject
to the following terms and conditions. WE MAY AMEND THESE TERMS
AND CONDITIONS FROM TIME TO TIME WITHOUT NOTICE TO YOU. YOU CAN
REVIEW THE MOST CURRENT VERSION OF THE TERMS AND CONDITIONS AT
ANY TIME AT THIS SITE. In addition, when using particular
services in this site, guidelines or rules may be posted which
are applicable to Your use of those services. Your use of this
site and Your relationship with Bedessee are subject to all
guidelines or rules that may be posted from time to time on the
site, which are all incorporated by reference into this
agreement. By using this site, You are agreeing to be bound by
all of the terms and conditions of the most current version of
the terms of use agreement and any guidelines and rules posted
on this site. If You do not agree to be bound by this
agreement, do not use this site. |
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3.
Membership Eligibility and Account Responsibilities.
Our Services are only available to
individuals who can form legally binding contracts under
applicable law. To be an eligible member of Bedessee.Com, You
as the user must provide Bedessee with Your legal first and last
name, billing address, city, province or state, country, postal
code, and e-mail address. Should You knowingly falsely supply
any of the required information, Your account shall be
terminated immediately with or without prior notice. You should
make every reasonable effort to safe guard Your user name and
password from unauthorized use. Bedessee is not responsible for
any unauthorized use of Your account. We have the right to
terminate Your account at any time if we have any reason to
believe that You have misused Your account. |
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4.
Prohibited Conduct.
You agree (i) not to use this site to
upload or distribute in any way files that contain viruses,
corrupted files, or any other similar software or programs that
may damage the operation of another's computer; (ii) not to
interfere or disrupt this site or any networks connected to this
site; (iii) not to use any device, software or routine or
attempt to interfere with the proper functioning of this site or
any transactions being offered at this site; (iv) not to take
any action that imposes an unreasonable or disproportionately
large load on Bedessee.Com infrastructure; (v) not to use this
site to collect or harvest personal information, including,
without limitation, financial information, about other
participants at this site; and (vi) not to impersonate any
person or entity or falsely state or otherwise misrepresent Your
affiliation with a person or entity. You agree not to use the
services, products, or downloads available at this site for
illegal purposes, and to comply with all regulations, policies
and procedures of networks connected to this site. |
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5.
Indemnification.
You are solely responsible for any
content You provide, and we merely act as a passive conduit for
Your online distribution and publication of Your information.
However, we may unilaterally take any action with respect to
Your content if we believe it may create liability for us or may
cause us to lose (in whole or in part) the services of our
Internet Service Provider or other suppliers. You agree to
release, indemnify, defend and hold harmless Bedessee, their
subsidiaries, affiliates, officers, directors, employees,
servants, agents and advisors, from and against any and all
losses, liabilities, claims (including claims without legal
merit or brought in bad faith), demands, damages, costs or
expenses, causes of action, suits, proceedings, judgments,
awards, executions and liens, solicitors’ or including
reasonable attorneys' fees and costs (whether brought by third
parties or otherwise) (collectively, "Claims") due to or arising
out of Your use of or conduct on this Web Site or the service
including any use contrary to these terms of use. Bedessee
reserves the right, at its own expense, to assume the exclusive
defense and control of any matter otherwise subject to
indemnification by You hereunder, and in such event, You shall
have no further obligation to provide indemnification for such
matter. |
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6.
Copyright.
All content included on this site,
such as text, graphics, logos, button icons, images, audio
clips, and software, is the property of Bedessee or its content
suppliers and protected by Canadian, U.S. and international
copyright laws. The compilation (meaning the collection,
arrangement, and assembly) of all content on this site is the
exclusive property of Bedessee and protected by Canadian, U.S.
and international copyright laws. All software used on this
site is the property of Bedessee or its software suppliers and
protected by Canadian, U.S. and international copyright laws.
The content and software on this site may be used as a shopping
resource. Any other use, including any use that could adversely
affect Bedessee, their subsidiaries, affiliates, officers,
directors, employees, servants, agents, advisors or the
reproduction, modification, distribution, transmission,
republication, display, or performance, of the content on this
site is STRICTLY PROHIBITED. |
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7.
Representations and Warranties.
The products obtained through the use
of or in connection with this site may or may not carry
warranties from the manufacturers of those products. If such
manufacturer warranties exist, they are the only warranties
applicable to such products. Bedessee does not warrant that the
site contains comprehensive information on any product or any
categories of products whatsoever. The service and this site,
including any content or information contained within it is
provided "as is" and "as available" with no technical support or
representations or warranties of any kind, either expressed or
implied, including, but not limited to, implied warranties or
conditions of merchantability, fitness for a particular purpose,
system integration, title and non-infringement. In particular,
but without limitation, Bedessee does not warrant that the
service will be uninterrupted or error-free, that defects will
be corrected, or that this site or the server that makes it
available is free of viruses or other harmful components.
Bedessee does not warrant or make any representations regarding
the use or the results of the use of the materials in this site,
in terms of its correctness, accuracy, timeliness, reliability
or otherwise. YOU UNDERSTAND AND AGREE THAT YOU ASSUME TOTAL
RESPONSIBILITY FOR YOUR USE OF THIS SITE AND THE SERVICE,
INCLUDING, BUT NOT LIMITED, USE THAT RESULTS IN DAMAGE TO YOUR
COMPUTER OR LOSS OF DATA. |
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8.
Calling Card PINs.
All telecommunications services used
in connection with Phone Cards we supply are provided by the
underlying carriers of those telecommunications services. We
are resellers only of the phone cards we provide on this web
site. Therefore we are neither responsible for nor do we have
any control over the billing of the calling cards. All calling
cards provided on the web site are non refundable, non
transferable and non exchangeable. The risk of loss of all
personal identity numbers (“PINS”) purchased through this web
site shall pass to customer immediately upon purchase and
customer shall assume all risk of loss. Bedessee shall not be
obligated to provide credits or refunds (in any form or amount)
for lost or stolen PINS, misused PINS, unauthorized or
fraudulent use of PINS, or for PINS that have unused or expired
minutes. |
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9.
Expiration.
All prepaid cards shall have an
expiration date linked to the date of purchase, at which point
it shall expire automatically. The expiration date is
communicated to You along with Your PIN Number and Access Number
immediately following purchase. Any unused minutes or value
shall be forfeited upon expiration. |
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10.
Limited Liability.
Bedessee and their subsidiaries,
affiliates, officers, directors, employees, servants, agents and
advisors shall not be liable for any loss of business, loss of
use or of data, interruption of business, lost profits or
goodwill, or other indirect, special, incidental, exemplary or
consequential damages of any kind arising out of this agreement,
even if they have been advised of the possibility of such loss
and whether or not they had any knowledge, actual or
constructive, that such damages might be incurred, and
notwithstanding any failure of essential purpose of any limited
remedy. This exclusion includes any liability that may arise
out of third-party claims against You. You further agree that
if You become entitled to any recovery, Your recovery shall be
limited to the amount of fees or payments made to Bedessee, if
any, for the service, software or content at issue. |
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11.
Applicable Law and Forum.
This site is created and controlled
by Bedessee in the Province of Ontario, Canada. As such, the
laws applicable in the Province of Ontario and no others will
govern these disclaimers, terms, conditions, as well as the
legal relationship between us. By accepting these terms of use
You agree that all disputes shall be subject to the exclusive
jurisdiction of the courts having jurisdiction within the
Province of Ontario. By accepting these terms of use You attorn
to the jurisdiction of such courts. |
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12.
Severability.
If any provision of this Agreement is
held to be invalid or unenforceable, such provision shall be
struck and the remaining provisions shall be enforced and remain
in full force and effect. |
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13.
Strict
Performance.
The failure of either party to insist
upon or enforce strict performance by the other party of any
provision of the Agreement or to exercise any right under the
Agreement will not be construed as a waiver or relinquishment to
any extent of such party's right to assert or rely upon any such
provision or right in that or any other instance. |
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14.
Headings.
The headings in this Agreement are
provided for convenience only and form no part of this
Agreement. They are not intended to affect the construction of
the Agreement, which the parties desire to be given a broad and
liberal interpretation |
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15. Products.
PLEASE NOTE,
CERTAIN BRANDS OR PRODUCTS CAN ONLY BE SOLD TO SPECIFIC MARKETS
OR COUNTRIES AND IS NOT AVAILABLE TO ALL BUYERS AND
DESTINATIONS. WE CAN OFFER SUPERIOR BUYING POWER AND SOLID
EXPERIENCE IN INTERNATIONAL TRADING. ALSO CHECK WITH YOUR LOCAL
TRADEMARKS OFFICE IF THERE IS ANY RESTRICTION OR INFRINGEMENT AS
WE WILL NOT BE LIABLE FOR ANY CAUSE. |
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