Website Terms of Use

Date of Last Revision: April 26, 2023 

BGC Canada is pleased to provide and support the MyBGC website (the “Site”) as an online extension of the Club experience, supporting education and skill development programs, services, activities and resources for residents of Canada and who are youth. By accessing and using the Site, you agree to be bound by these Terms of Use, including the disclaimers and limitations of liability set out below. If you do not agree to be bound by any of these Terms of Use, please exit this Site immediately and do not access any other pages. 

These Terms of Use may change from time to time without further notice to you. It is important that you periodically review these Terms of Use and to check for future updates. By using this Site, you agree to be bound by the current version of these Terms of Use. 

About the Site and Services Provided

The information on the Site is provided for educational, social and recreational purposes only and is intended to offer an extension of the Club environment.  Any other uses are strictly prohibited.

All programming, programs and content found in these Learning Management Systems (LMS’s)  is provided as general information. It does not constitute advice and should not be used as a substitute for advice given by your local Club.

BGC CANADA does not recommend or endorse any specific products, procedures, opinions, or other information that may be mentioned on the Site. Any information appearing on the Site is solely for online education and outreach. 

Your Account

You will need an account if you want to participate in activities on the Site. This requirement is to protect the Site from misuse and fraudulent use of the Site (e.g., spam, malware). All users of the Site must comply with these Terms of Use, regardless of whether they are a visitor or have an account on the Site.

Once you have created an account, your username and password will be required to log into your account. You must not allow anyone else to access or use your username, password or account. You are solely responsible and liable for all activity conducted through your account.

Your account information will be kept confidential. You must comply with the Community Guidelines set out below regarding your username. You should immediately report to the BGC CANADA Director of National Programs at nationalprograms@bgccan.com  if you become aware of or reasonably suspect any security breach regarding your account.

Disclaimer and Limitation of Liability

BGC CANADA will endeavor to ensure that the information presented on the Site is as accurate as possible and reflects available best practices for programs and trainings supporting youth 13 (thirteen) years of age and older. However, we do not guarantee or warrant the quality, accuracy, completeness, timeliness, appropriateness or suitability of the information provided.

Your use of the Site, your account, and the information and services available on or through the Site might be interrupted and may not be free of errors. Any of the Site, your account, the information and services available on or through the Site may be unavailable from time-to-time due to routine maintenance, upgrades, hardware or software malfunctions, repairs, power outages, hackers, denial of service attacks, unforeseeably large service demands, or other reasons beyond BGC CANADA’s control. 

THE SITE AND THE INFORMATION AND SERVICES AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED “AS-IS” AND “AS-AVAILABLE”. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, BGC CANADA EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS REGARDING THE USE OF THE SITE OR THE INFORMATION AND/OR SERVICES AVAILABLE ON OR THROUGH THE SITE, INCLUDING ANY IMPLIED STATUTORY WARRANTIES.

BGC CANADA DOES NOT REPRESENT OR WARRANT THAT: (A) THE SITE OR THE INFORMATION AND SERVICES AVAILABLE ON OR THROUGH THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; (B) ANY PROCEDURES, ADVICE OR TREATMENTS REFERRED TO ON THE SITE ARE SUITABLE OR EFFECTIVE OR WILL HAVE ANY SPECIFIC RESULT OR OUTCOME (C) THE SITE AND ITS AVAILABILITY WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE; (D) THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; OR (E)THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 

BGC CANADA assumes no obligation to update the information on the Site or advise on further developments concerning topics mentioned. The information and services available on or through the Site may also be changed from time to time without notice. Certain portions of the information may express the opinions or contributions of third parties. Its inclusion on the Site should not be interpreted as any endorsement or recommendation of such opinions or views, but rather is intended to ensure that certain viewpoints are represented. Accordingly, BGC CANADA provides no representations or warranties as to the accuracy, completeness or correctness of such materials. Nor does the reference to specific products or services on the Site constitute or imply a recommendation or endorsement by BGC CANADA, unless explicitly stated.

By using the Site, you agree that to the maximum extent permitted by applicable law BGC CANADA, and their respective officers, directors, employees, contractors, agents and representatives, including all Site content providers and all those who operate any of the services available on the Site (collectively the “BGC CANADA Releasees”) shall have no liability whether direct, indirect, consequential, contingent, special or incidental related to or arising out of or in connection with the use of the Site, the inability to use the Site, the content on the Site or the reliance by any user on the information or services available in or through the Site, whether such liability arises out of an action for breach of contract, negligence or other tortious action, or other theory of liability, and even if BGC CANADA has been advised of the possibility of such liability.

You also agree that none of the BGC CANADA Releasees shall be liable for any losses, damages or claims suffered or incurred by you as a result of any failure by you to protect your password or your information on the site to which access is restricted (i.e., your BGC CANADA account). IF, DESPITE THE LIMITATIONS SET OUT ABOVE, BGC CANADA BECOMES LIABLE TO YOU IN RESPECT OF ANY OF THE SITE, YOUR ACCOUNT, OR THE INFORMATION OR SERVICES AVAILABLE ON OR THROUGH THE SITE, THAT LIABILITY WILL BE LIMITED TO TWENTY FIVE DOLLARS ($25.00).

 

Indemnity

YOU UNDERSTAND AND AGREE THAT ALL USE OF THE INFORMATION AND SERVICES AVAILABLE ON THE SITE IS AT YOUR OWN RISK, AND BY USING SUCH INFORMATION AND SERVICES YOU AGREE TO INDEMNIFY AND SAVE HARMLESS THE BGC CANADA RELEASEES, OR ANY ONE OR MORE OF THEM, FROM ANY AND ALL LIABILITY, LOSS, INJURY, DAMAGES, COSTS AND EXPENSES (INCLUDING LEGAL FEES AND EXPENSES) THAT ANY ONE OR MORE OF THEM MAY SUFFER OR INCUR ARISING FROM OR RELATED TO SUCH USE OF THE INFORMATION AND SERVICES ON THE SITE, ANY CONTENT THAT YOU POST ON THE SITE, OR ANY INFORMATION OR SERVICES THAT MAY BE AVAILABLE FROM OTHER WEBSITES THAT ARE LINKED TO FROM THE SITE.

Community Guidelines

Community Guidelines have been developed to protect visitors to and users of the Site. If you access the Site and post content to the Site (e.g. via email or the chat forums), you are required to follow the Community Guidelines outlined below.

Personal information. Do not give us personal information about you or any other individual beyond what is required to make and account or we expressly request it. Do not include information beyond what is required and requested that may potentially identify you or other people in any content you provide. This includes addresses, phone numbers, physical descriptions, photos or images and other content that may personally identify an individual beyond their user name and Club. When you create an account on our website, you are responsible for maintaining the confidentiality of your login information and password. You agree to notify us immediately of any unauthorized use of your account. 

Appropriate content. Use appropriate language when posting content to the Site. Do not post content that: (a) is abusive, hateful, obscene, threatening, harassing, harmful, defamatory or libellous; (b) is fraudulent, deceptive or misleading; (c) violates another person’s copyright, trade-mark or other intellectual property rights; (d) contains personal information about you or any other person; (e) contains or links to photographs or videos; or (f) is otherwise unlawful or objectionable to the values of BGC CANADA.

Unauthorized use. Users shall not engage in any conduct that is harmful to others, abusive or against any applicable law. This includes but is not limited to the following: Users are prohibited from posting malicious or unauthorized code (e.g., viruses, bots, worms, spyware, Trojan horses, etc.) or other potentially harmful material to the Site that may interrupt, damage or limit the functionality of the Site or the use of the Site by others. Users are prohibited from using the Site for spamming, phishing or other similar schemes. Users are prohibited from posting links to other websites that enable those other sites to passively collect information from the Site (deep linking) or to pull entire sections of the Site’s wireframes (framing).

Site Content

You must comply with the Community Guidelines and these Terms of Use. Your failure to do so may result in the deletion of your account and/or the blocking of your IP address for further access to or participation on the Site. BGC CANADA will also inform the local Club if the Terms of Use are not adhered to. BGC CANADA will cooperate with any law enforcement authorities or court order requesting or directing BGC CANADA to disclose the identity of anyone posting content that is unlawful or violates another person’s rights.

Third-party content made available by links to the Site does not necessarily reflect the BGC CANADA's views or opinions. BGC CANADA assumes no responsibility or liability for any such content. Any links provided by BGC CANADA on the Site to other external or third-party websites are provided as a reference to help you identify and locate other internet resources that may be of interest. These external websites were independently developed by other parties and BGC CANADA does not assume responsibility for the accuracy or appropriateness of the information contained at, or endorse the viewpoints or opinions expressed on such websites. Your use of any third-party website is at your own risk and is subject to the terms of use and privacy policy of such website. BGC CANADA is not liable for any acts, omissions or conduct of third parties associated with external websites. BGC CANADA encourages reviewing individual terms of use and privacy policies before using any external website.

BGC CANADA reserves the right, to be exercised in its sole discretion, to remove any content from the Site for any reason and at any time but has no obligation to do so. BGC CANADA will have no liability for any decision to remove, or not to remove, content from the Site.

Any party may request in writing to the BGC CANADA that content be removed from the Site on the grounds that the content does not comply with the Community Guidelines or any other provision of these Terms of Use. BGC CANADA is not obligated to remove any content upon receiving a request to do so but may remove any content in its sole discretion as described above.

Privacy Statement

Our Privacy Statement describes the collection, use and disclosure of information on MyBGC. By accessing and using the Site, you agree that our Privacy Statement applies to the information you provide when you use the Site. 

Children under the age of thirteen (13) years of age are not permitted to create an account. Minors must have the permission of their parent or guardian in order to create an account.

Copyright

The BGC CANADA owns or has authority to use the Site and all information and content, including any icons, images, video, audio, text, illustrations, computer software and code on the Site (collectively the “Proprietary Content”), and owns or has acquired all the necessary licenses for any related intellectual property, including copyright. The Site as a whole and the Proprietary Content is the property of BGC CANADA and is protected under national and international copyright laws and other laws.

You are granted a limited licence to access, download, print and reproduce reasonable portions of the Site for your personal, non-commercial use only, provided the information is not modified and all copyright and other proprietary notices are retained. Any other use is strictly prohibited without permission from BGC CANADA. None of the information, in whole or in part, may be otherwise reproduced, republished or re-disseminated in any manner or form without our prior written consent. Nothing contained herein shall be construed as conferring any right in any copyright in any of the information provided on the Site.

Trade-marks and other Intellectual Property

Any names, words, titles, phrases, logos, designs, graphics or icons appearing on the Site may be registered or unregistered trade-marks, official marks, service marks or trade-names and may be the property of BGC CANADA or third parties. Though third-party marks may be used by BGC CANADA subject to a licence agreement mere display of a third-party’s trade-marks does not indicate or imply any relationship between BGC CANADA and that third party or indicate that BGC CANADA approves of any of the wares or services used in association with that trade-mark.

Nothing contained herein implies that a licence has been granted to you in respect of any official marks, trade-marks, service marks or trade names displayed on the site, unless prior written permission of BGC CANADA or the respective owner of any third-party trade-mark is obtained.

Applicable Law

These Terms of Use and any dispute or claim based on or arising from your use of the Site shall be governed by laws of the Province of Ontario and the federal laws of Canada applicable therein. You agree that any action or proceeding relating to this agreement or your use of the Site shall only be brought by you in the courts of the Province of Ontario.

Entire Agreement

If any part of these Terms of Use is found void and unenforceable, it will not affect the validity of the balance of the remaining Terms of Use, which will remain valid and enforceable. These Terms of Use set forth the entire understanding and agreement between us and you with respect to your use of the Site.

Questions, concerns or complaints about the BGC CANADA Terms of Use for MyBGC should be submitted here.