Please read these Terms and Conditions carefully before using our Service.
Interpretation and Definitions
Interpretation
The capitalized words in these Terms and Conditions have specific meanings defined below. These definitions apply regardless of whether the words appear singular or plural.
Definitions
For the purposes of these Terms and Conditions:
- Application: The software program provided by the Company and downloaded on any electronic device, known as BDE Digital.
- Application Store: The digital distribution service where the Application is downloaded, such as Apple Inc.'s Apple App Store or Google Inc.'s Google Play Store.
- Affiliate: Any entity that controls, is controlled by, or is under common control with a party, where "control" means owning 50% or more of the shares, equity interest, or other securities with voting rights.
- Account: A unique account is created for you to access our service or parts of it.
- Country: Refers to Ontario, Canada.
- Company: (referred to as "the Company," "We," "Us," or "Our" in this Agreement): Refers to First Global Consultants Inc., located at 255 Duncan Mill Road, Suite 609, North York, ON M3B3H9.
- Device: Any device that can access the Service, such as a computer, smartphone, or tablet.
- Service: Refers to the Application, the Website, or both.
- Subscriptions: The services or access provided to you on a subscription basis by the Company.
- Terms and Conditions (also referred to as "Terms"): The terms that form the entire agreement between you and the Company regarding your use of the Service.
- Third-party Social Media Service: Services or content (including data, information, products, or services) provided by a third party that may be displayed, included, or available through the Service.
- Website: Refers to BDE Digital, accessible at https://www.bdedigital.com.
- You: The individual accessing or using the Service, or the company or legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
These Terms and Conditions govern your use of the Service and form a binding agreement between you and the Company. They define the rights and obligations of all users regarding their use of the Service.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms and Conditions, which apply to all visitors, users, and others who access or use the Service.
By accessing or using the Service, you agree to be bound by these Terms and Conditions. If you disagree with any part of these Terms and Conditions, you may not use the Service.
You confirm that you are over 16, as the Company does not permit individuals under 16 to use the Service.
Your access to and use of the Service is also subject to your acceptance of and compliance with the Company's Privacy Policy, which explains how we collect, use, and disclose your personal information when you use the Application or Website. It also describes your privacy rights and protections under the law. Please read our Privacy Policy carefully before using our Service.
Account Access
Access Period
Some parts of the Service require a paid account to access. Depending on the type of plan selected when purchasing the course, billing will be conducted in advance regularly (e.g., daily, weekly, monthly, or annually).
Account Cancellations
You may cancel your account anytime, but any fees paid are non-refundable unless otherwise specified.
Billing
You agree to provide accurate and complete billing information, including your full name, address, province/state, postal/zip code, telephone number, and a valid payment method. If automatic billing fails for any reason, the Company will issue an electronic invoice, requiring you to manually submit payment within a specified period as indicated on the invoice.
Fee Changes
The Company reserves the right to adjust course fees at any time. Fee changes will take effect at the end of the current billing period. You will be given reasonable notice of any changes, allowing you to terminate your account before they take effect. Continued use of the Service after the fee change constitutes agreement to the new fee.
Refunds
Except where required by law, fees paid for accounts are non-refundable. The Company may consider specific refund requests on a case-by-case basis, granted at its sole discretion.
User Accounts
You must provide accurate, complete, and current information when creating an account. Failure to do so breaches these Terms and may result in immediate termination of your account. You are responsible for safeguarding your password and for any activities under your password, whether on our Service or a Third-Party Social Media Service.
You agree not to share your password with any third party. You must notify the Company immediately if you become aware of any security breach or unauthorized account use. You may not use a username that belongs to another person or entity, that you are not authorized to use, or that is offensive, vulgar, or obscene.
Intellectual Property
The Service and its original content, features, and functionality (excluding content provided by you or other users) are and will remain the exclusive property of the Company and its licensors. The Service is protected by copyright, trademark, and other applicable laws.
Our trademarks and trade dress may not be used with any product or service without prior written consent from the Company.
Links to Other Websites
Our Service may contain links to third-party websites or services not owned or controlled by the Company. We have no control over these websites' content, privacy policies, or practices and assume no responsibility for them. The Company is not liable for any damage or loss caused by or in connection with the use of or reliance on any content, goods, or services available on or through any third-party websites.
We encourage you to review the terms and privacy policies of any third-party websites or services you visit.
Termination
The Company reserves the right to terminate or suspend your account immediately, without notice or liability, for any reason, including breaches of these Terms and Conditions. Upon termination, your right to use the Service will end immediately. You may discontinue using the Service if you wish to terminate your account.
Limitation of Liability
To the fullest extent permitted by applicable law, the Company and its suppliers’ total liability to you for any claims, regardless of form, will not exceed the amount you have paid through the Service, or 50 CAD if no purchases were made.
In no event shall the Company or its suppliers be liable for any indirect, special, incidental, or consequential damages (such as lost profits, data loss, business interruption, personal injury, or loss of privacy) arising from or in connection with the use or inability to use the Service, third-party software, or hardware used with the Service, even if advised of the possibility of such damages.
Some jurisdictions do not allow exclusion or limitation of liability for incidental or consequential damages, meaning some limitations may not apply. In such cases, each party’s liability will be limited to the maximum extent law allows.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided "AS IS" and "AS AVAILABLE" without warranties. To the maximum extent permitted by law, the Company and its Affiliates disclaim any warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, and those arising from the course of dealing or usage.
The Company makes no guarantee that the Service will meet your requirements, function without interruption, achieve desired results, be compatible with other systems, or be error-free. Furthermore, no representations are made about the availability, accuracy, or reliability of information on the Service, nor are there any assurances that the Service, its servers, or content are free from harmful components such as viruses or malware.
Some jurisdictions do not allow specific warranty exclusions or limitations, so parts of this disclaimer may not apply. However, the exclusions and limitations will be permissible to the greatest extent.
Governing Law
These Terms and your use of the Service are governed by the laws of Ontario, Canada, excluding conflict of law provisions. Local, provincial, national, or international laws may also apply.
Disputes Resolution
If you have a concern or dispute about the Service, you agree to first attempt to resolve it informally by contacting the Company.
For European Union (EU) Users
As an EU consumer, you will be protected by any mandatory legal provisions of your country of residence.
United States Federal Government End-Use Provisions
Our Service is classified as a "Commercial Item" as defined in 48 C.F.R. §2.101 for U.S. federal government users.
United States Legal Compliance
You represent and warrant that you are not in a country subject to U.S. government embargoes or designated as a "terrorist-supporting" country by the U.S. and that you are not listed on any U.S. government list of restricted parties.
Severability and Waiver
Severability
Suppose any part of these Terms is deemed unenforceable or invalid. In that case, it will be modified to achieve its intended purpose to the maximum extent allowed, and the remaining provisions will remain in effect.
Waiver
Failure to enforce any part of these Terms does not constitute a waiver of the right to enforce it in the future, and waiver of any breach does not imply waiver of subsequent breaches.
Translation Interpretation
If these Terms are translated, the original English version will prevail in any disputes.
Changes to These Terms and Conditions
The Company reserves the right to update or change these Terms anytime. If changes are substantial, the Company will make a reasonable effort to provide at least 30 days’ notice before new terms apply. Continued use of the Service after changes take effect indicates acceptance of the updated Terms. If you disagree with the new terms, please discontinue using the Service.
Contact Us
If you have any questions regarding these Terms and Conditions, you may reach us:
- By email: support@bdedigital.com
- By visiting this page on our website: https://www.bdedigital.com/contact
- By mail: 255 Duncan Mill Road, Suite 609, North York, ON M3B3H9, Canada