WEBSITE TERMS AND CONDITIONS OF USE

GENERAL REMARK

Welcome to the Groupe BMR website “bmr.co” (hereinafter referred to as the “Website”). Please read these Website Terms and conditions of use (hereinafter referred to as the “Terms and conditions of use”) carefully before using the Website.

Every individual using this Website agrees as a user to the terms of use set out herein and those set forth in the privacy and confidentiality policy (hereinafter referred to as the “Confidentiality policy”). Users also agree to be bound by the terms of use and confidentiality policy and not to commit any offence violating or failing to comply with any act or law and undertake to save Groupe BMR, its subsidiaries or companies affiliated or associated to Groupe BMR, or its partners, if applicable, harmless against any liability or loss. Groupe BMR reserves the right to amend the Terms and conditions of use, at any time without prior notice. Upon each visit of the Website, users shall be deemed to have understood and accepted any amendments to the Terms and conditions of use and to the Confidentiality policy. Groupe BMR therefore recommends you consult the Terms and conditions of use each time you use the Website.

If you do not agree with these Terms and conditions of use and with the Confidentiality policy, please discontinue the use of the Website. Groupe BMR shall not be liable for any damage, injury or loss arising out of the use of its Website.

You remain at any time liable for your user account, login IDs, passwords and transactions conducted on the Website. All information supplied must be truthful and must belong to the user. It is strictly forbidden to use the name or identity of others. Users of the Website should not share their user IDs or passwords.

You may not convey any messages on this Website that may be deemed commercial in nature.

Groupe BMR reserves the right to discontinue provision of its Website at any time, without prior notice and at its sole discretion. Groupe BMR makes no warranty with respect to the upkeep of this Website or to on-line purchases. Groupe BMR shall not be held responsible for losses, damages or claims resulting from the discontinuation or the disruption of the Website.

All information and material provided on the Website is the sole property of Groupe BMR and is used under license. The content of this Website is protected by trademark and copyright acts and more generally, the intellectual property rights, as applicable. It is strictly forbidden to copy, reproduce, publish, distribute, transmit or use in any manner and for any reason whatsoever, the Website content, in whole or in part, without the prior written consent of Groupe BMR.

From time to time, Groupe BMR may include on its Website, links to third parties Websites. The use of these Websites, even though they are liked to Groupe BMR, is solely at the user’s risk. Groupe BMR does not assume any responsibility for the content or services offered thereon. Under no consideration the inclusion of these links on Groupe BMR’s Website shall be deemed to be a recommendation or approval of these brands, products or services, contained on such sites or accessible through these sites.

However, Groupe BMR encourages any feedback that you may have concerning such links that may be on its Website. Please forward any questions to the customer service by e‑mail at info@bmr.co, or by phone at 1 800 361-0885.

LIMITATION OF LIABILITY

Although Groupe BMR makes commercially reasonable efforts to update and keep as accurately as possible information contained in its Website, errors or omissions may occur. Groupe BMR makes no warranty or representation whatsoever as to the accuracy, timeliness and completeness of the information contained on this Website and provided “as is”, without any guarantee, express or implied.

To the fullest extent permitted by law, Groupe BMR disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability or fitness for a particular use, non-infringement, freedom from computer virus and warranties arising from course of dealing or course of performance.

Groupe BMR shall not be held liable for any direct, indirect, special, punitive, or consequential losses or damages, or monetary losses, even after being made aware of the possibility of such damages, in the context of legal proceedings concerning contractual, non-contractual liability or civil liability, or otherwise, arising from the use or inability to use or the performance of services or products offered or provided on the Website.

The use of the Website and interpretation of Terms and conditions of use are governed in accordance with the laws in force in the province of Québec. Any dispute arising from their application or interpretation is to be submitted to a court of competent jurisdiction in the judicial district of Montréal to the exclusion of any other district. If any provision of these terms of use is found to be invalid or unenforceable, this will not affect the validity or enforceability of the other provisions.

PRIVACY POLICY AND PROCEDURES

Groupe BMR places great importance on protecting the privacy of its clients. It therefore developed this Privacy policy relating to the collection, use, disclosure and the security of your personal information.

All personal information collected on Groupe BMR Website, about its clients, through either telephone conversations, written and e-mail communications, or on-site visits to one of its facilities are covered under this Privacy policy. 

COLLECTION OF PERSONAL INFORMATION

Personal information means all information that relates to a natural person and allows that person to be identified, in whatever form it is recorded, be it written, graphic, sound, visual, computerized or other form.

Groupe BMR may ask for personal information in such cases as:

•    when seeking information about Groupe BMR products or services;

When credit or debit cards are used for purchasing products, Groupe BMR collects information pertaining to your credit or debit card as well as your signature.

Upon returning some goods or when asking for a refund or exchange, your name, telephone number, postal address and e-mail address are required.

•    when requesting installation services or when sending a product out for repair;

When requesting installation or repair services, your name, telephone number and postal address are required.

•    when registering to Groupe BMR’s newsletter so as to receive information about special offers;

When you register to Groupe BMR’s newsletter so as to receive information about special offers, you must provide your e-mail address. This way, you will always be informed of current offers and specials.

•    when contacting one of Groupe BMR’s customer service office;

In order to provide quality services and to contact you, Groupe BMR may request contact information such as your name and telephone number (information requested may be explicit, e.g. SIN), be it regarding a product or service or a billing matter.

•    when you respond to a survey or participate in a contest;

When you respond to a survey or questionnaire, or participate in a contest, Groupe BMR may request information such as your name, address, telephone number and e‑mail address. While filling out a questionnaire or a survey, or while participating in a contest, Groupe BMR may offer you the chance to join its newsletter to keep you informed about various in-store or on-line promotions. Groupe BMR may publish the name and picture of contest winners either on its Website or in one of its stores.

•    when a person applies for a job at one of Groupe BMR locations;

When a person applies for a job with Groupe BMR, their name, telephone number, work experience, references, e-mail address and postal address are required.

•   upon visiting one of Groupe BMR Websites, for information purposes about IP addresses or visit data (cookies);

Groupe BMR may use Internet servers to find information about its Website visitors, using cookies. Such cookies allow to collect information about the user’s domain name, visiting hours and times, IP addresses, type of navigators, browser types and versions, and viewed pages. Collected information may be consolidated into group data that can be shared on an aggregate basis with other parties for research or statistical purposes.

Information will not disclose the user’s identity and does not provide sufficient clarification about the users’ identity to contact them. The information is solely collected for the purpose of improving and better managing the Website online content and for resolving possible technical problems. Groupe BMR may, from time to time, use such applications as Google Analytics or other similar applications for collecting information about traffic data or for optimizing its Website.

If you do not want cookies to be stored on your computer, you may set your browser to refuse all cookies or inform you when cookies are sent. 

USE OF PERSONAL INFORMATION

Groupe BMR may use your personal information for a variety of business purposes, including:

•    identifying clients, employees and suppliers, and maintaining relationships;

•    providing and maintaining good quality service;

•    responding to clients’ needs with great efficiency, either in-store or through a call centre;

•    processing customer orders and ensuring accurate delivery;

•   collecting statistics and managing Website;

•   organizing and ensuring diversification of contests;

•   informing its customers – information provided while registering to the newsletter may also be used to inform clients of upcoming events, special offers and exclusive promotions;

•    to help prevent fraud and computer errors, such as with credit card purchases or when goods are returned.

Please note that personal information may be disclosed by Groupe BMR during the execution of a search warrant, for investigation purposes or to comply with a court order. Groupe BMR may also use your personal information for debt repayment. 

CONSENT

Groupe BMR shall not collect, use or disclose your personal information without your consent except where required or permitted by law. By providing us with personal information, you are deemed to consent to the collection, use or disclosure of your personal as outlined in this Confidentiality policy.

To withdraw or change your consent to use and disclose your personal information, you may contact Groupe BMR at any time at the following address: info@bmr.co.

If you agreed to join Groupe BMR’s newsletter, you may opt out or unsubscribe by clicking on the link provided for that purpose. 

DISCLOSURE OF PERSONAL INFORMATION

Groupe BMR shall not disclose your personal information to any third party without your consent except when required to do so by law. Moreover, BMR shall not sell, lease or trade your personal information without your prior consent.

Groupe BMR may also share information that you provided with its suppliers when requesting parts under warranty as well as with its transporters.

Personal information is deemed to be assets and in the case of Groupe BMR transfer of ownership, this information shall be transferred along with BMR’s other assets. 

ACCESS TO OR RECTIFICATION OF PERSONAL INFORMATION

When you join Groupe BMR’s Website as a member, you can access your profile at any time. This allows you to add or edit any information you wish to.

You may access your personal information and may have it corrected or amended.

Access to personal information contained in your file is free. However, a reasonable fee may be charged to cover the costs of transcription, duplication or transmission of information.

Groupe BMR will process your request swiftly and will respond within thirty days of receipt.

To update or rectify any personal information given to Groupe BMR, please send a request to the following address: info@bmr.co.

ACCESS TO THE BMR 360 REWARD CARD ACCOUNT, USER NAME AND PASSWORD

To access your BMR 360 Reward card account, you need to use your user name and password, for legal purposes only. You are fully responsible for your user name and password and of the use that may be made by you or any third party, including any consequences arising from illegal operations through the use of your user name or password. You are required to take all reasonable precautions to preserve confidentiality for security purposes. Moreover, you must not divulge to anyone, nor authorize anyone to use your ID credentials, except to an authorized Groupe BMR agent. Goupe BMR strongly recommend selecting a password that you alone are aware of and whose components are not easily related to you. Change your password on a regular basis and log out at the end of each session.

Groupe BMR will never ask you to provide your user name or password in communications that were not requested by you. Therefore, when you receive either a letter, a phone call or an e-mail asking you to provide such information, please be cautious as these could entail fraudulent transactions.

If you become aware of any unauthorized use of your user name or password or if you fear someone else has become aware of your ID information, or your user name or password were lost or stolen, you must inform Groupe BMR immediately.

UNACCEPTABLE USE

You are prohibited from using the Website to post or transmit any information unauthorized by Groupe BMR or to introduce information that would result in promoting interests other than those of Groupe BMR, its group holding or partners or that would serve to discredit them. 

REFUSAL OR REVOCATION OF WEBSITE ACCESS

All login names, user names and passwords remain the property of Groupe BMR, and Groupe BMR reserves the right, at any time and at its sole discretion, to end or cancel these, without prior notice. 

SITE MODIFICATION OR DISCONTINUATION

Groupe BMR may, at any time and at its sole discretion, make changes to its Website or discontinue the Website, without prior notice. 

PROTECTION OF PERSONAL INFORMATION

Groupe BMR takes all necessary steps to ensure the confidentiality and protection of collected, used, communicated or destroyed data.

Personal information is stored on Internet servers. Information shall be retained by Groupe BMR for as long as necessary and may be destroyed without prior notice. 

RESPONSABILITY

Groupe BMR files shall contain updated and valid personal information. Advising Groupe BMR of any address changes and new contact information is the cardholder’s responsibility. Groupe BMR will not be held responsible should the cardholder not receive communications or when said communications are received at the last minute, when the cardholder failed to make the appropriate changes. 

MODIFICATIONS

Groupe BMR reserves the right to change or modify its Website Privacy policy, at any time and without prior notice. Please review this Privacy policy for any change. When submitting personal information under this policy, you are consenting to the Terms and conditions of the Privacy policy that are in effect at the time. 

PRICES

All prices posted exclude taxes, delivery costs and any other fees that may apply, which are described upon confirmation of an order. All prices quoted are in Canadian dollars. Prices may change at any time, without notice, based on market rates. In-store promotions and discounts are not necessarily available on-line and vice-versa. In the event of pricing errors, the client will be notified to this effect as quickly as possible and any product ordered based on the wrong price may be cancelled or amended to reflect the correct price. 

DISCLAIMER

All material, information and services relating to this Website are provided on an “as is”, “as available" basis, without any representation of any kind or warranty made, to the extent permitted by law. More specifically, its directors, officers, employees, agents or representatives, companies linked and trading partners, make no representation or warranty with respect to the operation thereof or access thereto, nor the accuracy of the content, including, without limiting the generality of the foregoing, the availability of products and services offered, their merchandising quality, their prices, fitness for a particular purpose, title, non-infringement, security, effectiveness of advice offered on the site or any other form of product or service information that could be processed on this Website. 

BMR FLYER

Products and services advertised in the BMR flyer are offered in stores associated with Groupe BMR, which are operated through independent corporate structures. Groupe BMR therefore assumes no responsibility for any difficulties in accessing these products or services offered in those associated stores.

CHOICE OF LAW

Any dispute that may arise under this Privacy policy shall be settled in accordance with the province of Québec applicable laws. Any dispute arising under this Privacy policy is to be submitted to a court of competent jurisdiction in the judicial district of Montréal to the exclusion of any other district. 

COMPLAINTS

For any complaint, comment or suggestion, contact Groupe BMR by phone, in person or by e-mail at:

Tel.: 1 800 361-0885

Address:

1501, rue Ampère, bureau 200 
Boucherville (Québec)  J4B 5Z5

E-mail: info@bmr.co