Important Notice to all users of this website

To use, as a vendor, the BGIS service operated by MERX, you must agree to the following terms and conditions by clicking on the "I accept" button on the BGIS website. In this Agreement, "We", "Us", "Our" and "You" means any person or other entity applying to register with the BGIS Service as a vendor.

 

1.0 - Definitions

1.1 - "Information" refers to all of the information, software and other material provided in connection with or available through the BGIS Service.

1.2 - "BGIS" refers to BGIS Service operated by MERX.

1.3 - "Vendor" refers to an individual or entity  registered with BGIS as a Vendor.

 

2.0 - Rates and Charges - Registered Contractors

2.1 - We agree to register with BGIS Service, and acknowledge that payment of the registration fee is made in advance annually. Notice of changes or non-renewal to our subscription can be accomplished with an electronic notice to MERX. We acknowledge that annual prepayments are not refundable.

2.2 - MERX is authorized to charge our valid American Express, MasterCard or VISA credit card for all charges when due.

 

3.0 - Ownership and Use of Information

3.1 - We acknowledge that any of the information that we receive through the BGIS service (the “Information”) is owned either by the party that issued the Information, which may include a client of BGIS, or by BGIS directly. We agree that we will not use, store, copy, or reproduce the Information, or distribute or disclose it to any third party, except for the sole purpose of having such third party assist us in evaluating an opportunity or preparing a response to a tender to BGIS. We agree that we will not sell, distribute publish or otherwise disseminate to any third party, or make available for the purpose of resale to any third party, any Information received from or through the use of the BGIS Service without the prior written consent of MERX or BGIS

 

4.0 - Confidentiality and Security

4.1 - We acknowledge that MERX and BGIS cannot ensure the privacy and authenticity of any information that we send or receive through the Internet, and we agree that MERX and BGIS will not be responsible for any damages that we incur if we communicate confidential information to BGIS over the Internet, or if MERX communicates such information to us at our request.

4.2 - We agree not to disclose our BGIS password to any third party. We agree that we are solely responsible for all use of our password and we agree to put reasonable security procedures in place regarding its use and to notify MERX immediately of any unauthorized use.

4.3 - We acknowledge that links to other websites through the BGIS Service do not imply any endorsement or approval by MERX.

 

5.0 - Use of Internet and e-mail

5.1 - We acknowledge that if we access BGIS through the Internet, we are responsible for reading and complying with any notices or  posted on the BGIS website or contained in the attached Internet Notices Page.

5.2 - We acknowledge the fact that email is NOT a guaranteed delivery method and is subject to what is a conventionally referred to as ANTI-SPAM filter that may impact the delivery of the email to our email account. We acknowledge that MERX and BGIS will not be responsible for an email once it has left the MERX Server unless the delivery failure is caused solely by the gross negligence of MERX.

 

6.0 - Change of Address

6.1 - We agree that we are responsible for providing our current delivery or invoicing address, our fax delivery number and/or our e-mail address to MERX for the BGIS Service. We will immediately notify MERX of any change of these addresses through the BGIS website, by email or by fax on Company letterhead. We acknowledge that MERX and BGIS shall bear no responsibility or liability for our failure to do so.

 

7.0 - Termination

7.1 - We acknowledge that MERX or BGIS may terminate this Agreement with us and suspend our use of the BGIS Service at any time and for any reason, including where we fail to pay the registration fee.

7.2 - We may immediately terminate this Agreement with MERX upon providing written or electronic notice to MERX. Where an electronic notice will be provided by us to MERX to terminate this Agreement, we agree to comply with all reasonable procedures established by MERX in providing such electronic notice (as such procedures may be amended from time to time at MERX’s sole discretion). Where a written notice will be provided by us to BGIS to terminate this Agreement, we agree to comply with all reasonable procedures established by MERX to provide such written notice (as such procedures may be amended from time to time at MERX sole discretion), which procedures shall be made available to us through the BGIS Service, upon termination, we acknowledge our password and access to the BGIS Service will be terminated and we will no longer receive any notifications. Termination of this Agreement will not relieve us from our obligation to make payments to MERX for any outstanding fees or other charges payable by us prior to termination for the BGIS Service and our use of the BGIS website.

7.3 - On termination, we will return any Information provided to us on reasonable request by MERX.

7.4 - We will pay any outstanding fees and charges on termination, and agree those sections 4, 5 and 9 of these terms and conditions will continue in force following termination. We acknowledge that annual prepayments are not refundable.

 

8.0 - Liability

We acknowledge that MERX and BGIS assume no responsibility for the availability, accuracy, completeness or timeliness of any of the Information, or for the fitness of such Information for any particular purpose.

8.1 - We acknowledge that MERX and BGIS and their respective officers, directors, employees, agents and subcontractors will not, under any circumstances, be liable to us for damages, including direct, indirect, special or consequential damages, even if MERX or BGIS have been advised of or could have foreseen such damages, arising out of our use of or reliance on the BGIS Service, unless caused solely by the gross negligence of MERX. For greater certainty, such damages shall include, without limitation, damages in respect of loss of profit, loss of business revenue, failure to realize any expected savings, and any claim made against us by a third party.

8.2 - We agree that we will indemnify and hold harmless MERX and BGIS and their respective officers, directors, employees, agents and subcontractors for any loss, damage, cost, expense, liability or claim suffered or incurred by, or made against, MERX or BGIS arising out of our breach of this Agreement, or our fraud, misrepresentation, negligence or wilful misconduct in our performance or non-performance under this Agreement.

 

9.0 - Laws of Application

9.1 - We agree that this Agreement will be governed by the laws of Ontario and those of Canada applicable therein.

 

10.0 - Assignment

10.1 - We agree that MERX or BGIS may assign this Agreement, in whole or in part, without our consent, and we may not assign this Agreement in whole or in part.

 

 

IMPORTANT NOTICE TO ALL USERS OF THE BGIS WEBSITE

 

Confidentiality and Security

MERX and BGIS cannot ensure the privacy and authenticity of any information or instructions you send to us or we send to you over the Internet. MERX, including the BGIS Service, will not be responsible for any damages you may incur if you communicate confidential information to us over the Internet, or if we communicate such information to you at your request.

 

Non-responsibility

MERX and BGIS are not responsible in any manner for direct, indirect, special or consequential damages, howsoever caused, arising out of use of this website, the BGIS Service, or the reliance on the information it contains.

 

Available Only Where Permitted by Law

The products and services described in pages of websites of MERX, including the BGIS Service, are only offered in jurisdictions where they may be legally offered for sale or use.

 

Applicable Agreements

All products and services of MERX, including the BGIS Service, are subject to the terms of the applicable agreements.

 

Use of Information

The information contained on this website and pages within is not intended to provide specific legal, accounting, financial or tax advice for any individual and may not be relied upon in that regard.

 

Accuracy and Changes

Facts and information provided by MERX, including the BGIS Service, are believed to be accurate when placed on this website. Changes may be made at any time to the material or information at this website without prior notice.

 

Software Backup

While every effort is made to ensure that all software provided at this We site is suitable for use on a wide variety of computer systems, you should take reasonable and appropriate precautions to scan for computer viruses, and ensure compatibility of the software with your specific computer system. You should also ensure that you have a complete and current backup of the information contained on your computer system prior to installing such software.

 

Hyperlinks are Not Endorsements

Links to other websites or references to products, services or publications other than those of MERX at this We site do not imply the endorsement or approval by MERX of such websites, products, services or publications. MERX is not responsible or liable for the content presented on these links including advertising claims, endorsements or names. These websites are not part of our website or the BGIS Service and MERX has no control over their content or availability.

 

Trademarks Belonging to MERX or Other Entities

Certain names, graphics, logos, icons, designs, words, titles or phrases at this website may constitute trade names, trademarks or service marks of MERX or other entities. Trademarks may be registered in Canada and in other countries as applicable. The display of trademarks on pages at this website does not imply that a license of any kind has been granted. Any unauthorized downloading, re-transmission or other copying or modification of trademarks and/or the contents herein may be a violation of federal or common law, trademark and/or copyright laws and could subject the copier to legal action.

 

Copyright

All Information at this site is protected under the copyright laws of Canada and in other countries. In addition, certain information may be copyrighted by others. Unless otherwise specified, no one has permission to copy, redistribute, reproduce or republish in any form, any information found at this website. Inquiries about permission should be directed to the BGIS Call Centre at 1-800-964-MERX (6379).