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TERMS AND CONDITIONS

1. YOUR ACCEPTANCE OF THIS AGREEMENT

This is an Agreement between you and all persons you represent(and for purposes
of this Agreement, "you" and “your” includes natural persons and any type of
incorporated or unincorporated entity) and Best Buy Canada Ltd. ("Best Buy",
“we” or “us”) regarding your access to and use of the Best Buy For Business HUB
(the “HUB”) and associated services provided by Best Buy and its agents,
affiliates, partners and subcontractors (collectively with the HUB, the
"Services"). This Agreement also provides benefits to Best Buy’s affiliates,
service providers, suppliers and other persons.

Each time you use the Services you signify your acceptance and agreement, and
the acceptance and agreement of any person you purport to represent, to be bound
by this Agreement as it then reads, and you represent and warrant that you have
the legal authority to agree to and accept this Agreement on behalf of yourself
and any person you purport to represent. If you do not agree with each provision
of this Agreement, or you are not authorized to agree to and accept this
Agreement on behalf of the person you purport to represent, you may not access
or use the Services.

This Agreement is in addition to any other agreement you may have with Best Buy,
including a transaction agreement and any conditions of use governing the use of
any websites, services or facilities operated by Best Buy, including bestbuy.ca
and geeksquad.ca except as stated herein. 

 

2. PERMISSION TO USE THE HUB

You may use the HUB and the Services only if you are a resident of Canada or the
United States, have reached the age of majority where you live, and you can form
legally binding contracts under applicable law. Best Buy ships products only to
addresses in Canada. You may not use the Services if you live in a jurisdiction
where access to or use of the Services or any part of it may be illegal or
prohibited. It is solely your responsibility to determine whether your use of
the Services is lawful, and you must comply with all applicable laws. We reserve
the right to request proof of identification and age (for example, proof of your
ability to purchase certain games).

 

3. RETURNS, EXCHANGES AND OTHER POLICIES

The following BestBuy.ca policies do not apply to products purchased by you via
Best Buy Business Hub: the Free Shipping, Low Price Guarantee, Returns and
Exchanges, methods of payment, Quick and Easy Store Pickup and other policies
related to the purchase and sale of products contained on Bestbuy.ca by
individual end user consumers. All BestBuy.ca policies applicable to individual
end user consumers may not apply to sales through Best Buy for Business. Please
contact your representative to determine their applicability.

For products ordered via the Best Buy Business Hub, please contact
bbfb_customerservice@bestbuycanada.ca or call 1-877-423-3429 to request a return
or exchange. Best Buy may, in its sole discretion, refuse any request for a
return or exchange. Products will only be returned with a valid Return
Authorization number (RMA) issued by Best Buy. Additional shipping and handling
charge my apply and be payable by you for any exchange or return. Please be
aware that Best Buy Business products cannot be returned in-store.

 

4. SECURITY

We do not guarantee that the Services will be free of security risks. Your
connection to the Services may not be encrypted, and we are not responsible for
encrypting any information that you transmit or receive. It is therefore
possible that third parties will be able to intercept and review this
information. You are responsible for taking necessary security precautions, and
we therefore strongly recommend that you use an up-to-date device and software
(including anti-virus software) to mitigate these and other security risks. 

 

5. ENROLLMENT

To begin the enrollment process, you must submit a complete application to the
Account Administrator. The Account Administrator will evaluate your application
and will notify you of your acceptance or rejection in a timely manner.

 

6. LOGIN NAMES AND PASSWORDS 

Use of the Services is restricted to users who have been issued a login name and
password (collectively "Codes") by us. For the purposes of accessing the
Services, the Codes remain the property of Best Buy and may be cancelled or
suspended at any time by us in its discretion without any notice or liability to
you or any other person. Your designated Primary Customer Contact may, with our
permission, register additional users for your account provided that you agree
that you will be responsible for all actions of such additional users and the
Primary Customer Contact. All additional users will be issued with a separate
Code and you will be responsible for managing such users. You must immediately
advise us in the event of any changes or ineligibility of any users or the
Primary Customer Contact.

We are not under any obligation to verify the actual identity or authority of
any person using Codes to access and use the Services. We may act upon any
communication that is given with the use of Codes. We may, in our discretion and
at any time, require proof of the identity of any person seeking to access and
use the Services, and may deny access to and use of the Services or parts of it
or refuse to accept or act upon any communication if we are not satisfied with
such proof.

If you have been issued Codes: (a) you are fully responsible and liable for the
security of the Codes and any and all use and misuse of the Codes; (b) you will
keep the Codes secure and confidential at all times and not disclose the Codes
to any other person or permit any other person to use the Codes; (c) you will
ensure that all uses of the Codes comply with this Agreement; and (d) you will
immediately notify us by telephone 1-877-423-3429 or email to:
bbfb_HUB@bestbuycanada.ca if you know or suspect that any Codes have been lost
or stolen or become known to or used by any other person.

 

7. MISPRINTS AND ERRORS, PRODUCT AVAILABILITY AND PRICES

We endeavor to provide current and accurate information on the HUB and through
the Services. However, misprints, errors, inaccuracies, omissions (including
incorrect specifications for products) or other errors may sometimes occur. We
cannot guarantee that products and services advertised on the HUB or provided
through the Services will be available when ordered or thereafter. We do not
warrant that the content on the HUB or provided through the Services, including,
without limitation, product descriptions or photographs, is accurate or
complete.

We reserve the right to: (a) correct any error, inaccuracy or omission at any
time without prior notice or liability to you or any other person; (b) change at
any time the products and services advertised or made available for sale, the
prices, fees, charges and specifications of such products and services, any
promotional offers and any other content without any notice or liability to you
or any other person; (c) reject, correct, cancel or terminate any order,
including accepted orders for any reason and (d) limit quantities available for
sale or sold.

The advertisements on the HUB or as provided through the Services are
invitations to you to make offers to purchase products and services on the HUB
or through the Services and are not offers to sell. All prices and other amounts
appearing on the HUB are quoted in Canadian dollars.

The total price of your order will be charged to your credit card or if
applicable your commercial credit account. If you wish to cancel an order, you
may request a cancellation by logging into your account and cancelling your
order or by calling 1-877-423-3429. However, we may not receive and process your
cancellation request before we accept in which case your cancellation request
may not be effective.

 

8. SUBMISSIONS

You may post or submit reviews, comments, testimonials, feedback or other
content (“Content”), so long as such Content is not illegal, obscene,
threatening, defamatory, invasive of privacy, infringing of intellectual
property rights, or otherwise injurious to third parties, and does not consist
of or contain software viruses, commercial solicitation or any form of “spam” or
unsolicited commercial electronic messages ("Submissions"). If you send
Submissions to Best Buy or the Website, you automatically grant (or warrant that
the owner of the Submissions grants) to Best Buy and its successors, assigns and
licensees a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive,
world-wide, assignable, sub-licensable, right and license to use, produce,
reproduce, modify, adapt, publish, perform, translate, create derivative works
from, distribute, communicate to the public by telecommunications, display and
exploit the Content or the Submissions or any ideas, concepts, know-how or
techniques associated with the Submissions for any purpose whatsoever,
commercial or otherwise, using any form, media or technology now known or later
developed, without providing any attribution or compensation to you or any other
person, without any liability whatsoever, and free from any obligation of
confidence or other duties on the part of Best Buy or its successors, assigns
and licensees, and you agree, represent and warrant that all moral rights in the
Submissions are waived in favour of Best Buy and its successors, assigns and
licensees.

 

9. YOUR INFORMATION

All information you provide in connection with your use of the Services,
including registration information, must be true, accurate, current and
complete. Best Buy will rely on the information you provide. You will be solely
responsible and liable for any and all loss, damage, and additional costs that
you, Best Buy or any other person may incur as a result of your submission of
any false, incorrect or incomplete information or your failure to update your
registration information with any changes.

 

10. TRADE-MARK INFORMATION

Best Buy™, Best Buy for Business, GEEK SQUAD™, the BestBuy.ca logo and other
names and logos appearing on or in connection with HUB (the "Marks") are
registered or unregistered trademarks, service marks, trade names and logos
owned or licensed by Best Buy or their respective owners or licensees. Any use
of the Marks, except as expressly provided in this Agreement, is strictly
prohibited. Nothing appearing on the HUB or elsewhere shall be construed as
granting, by implication, estoppel, or otherwise, any license or right to use
any of the Marks.

 

11. NO LINKING, FRAMING, MIRRORING, SCRAPING, DATA-MINING OR POSTINGS

Links to the HUB without the express written permission of Best Buy are strictly
prohibited. To request permission to link to the HUB, please send an email to
bbfb_HUB@bestbuycanada.ca. Best Buy may in its discretion cancel and revoke any
permission it may give to link to the HUB at any time and without any notice or
liability. The framing, mirroring, scraping or data-mining of the HUB or any of
its content in any form and by any means is strictly prohibited. You may not use
any collaborative browsing or display technologies in connection with your use
of the HUB or to post comments, communications, or any other data of any kind to
or on the HUB with the intention that such postings may be viewed by other users
of the HUB.

 

12. DISCLAIMERS AND LIABILITY EXCLUSIONS/LIMITATIONS

YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATIONS,
WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING
WITHOUT LIMITATION IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF OR
RELATING TO ACCURACY, ACCESSIBILITY, AVAILABILITY, FITNESS FOR A PARTICULAR
PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, PERFORMANCE, SECURITY OR DURABILITY,
ALL OF WHICH ARE DISCLAIMED BY BEST BUY TO THE FULLEST EXTENT PERMITTED BY LAW.

BEST BUY AND ITS PROVIDERS WILL NEVER BE LIABLE TO YOU OR ANY OTHER PERSON FOR
ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY LOSS OR
DAMAGE ARISING FROM, CONNECTED WITH, OR RELATING TO THE SERVICES OR THIS
AGREEMENT INCLUDING BUT NOT LIMITED TO LOSS OF DATA, BUSINESS, MARKETS, SAVINGS,
INCOME, PROFITS, USE, PRODUCTION, REPUTATION OR GOODWILL, ANTICIPATED OR
OTHERWISE, OR ECONOMIC LOSS, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT,
TORT, STRICT LIABILITY OR ANY OTHER THEORY OF LAW OR EQUITY), REGARDLESS OF ANY
NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING WITHOUT LIMITATION GROSS
NEGLIGENCE AND FUNDAMENTAL BREACH) BY BEST BUY OR ANY PERSON FOR WHOM BEST BUY
IS RESPONSIBLE, AND EVEN IF BEST BUY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
LOSS OR DAMAGE BEING INCURRED.

ACKNOWLEDGEMENT AND EXCLUSION BY STATUTE IN CERTAIN JURISDICTIONS

THE EXCLUSION OF CERTAIN WARRANTIES AND THE LIMITATION OF CERTAIN LIABILITIES IS
PROHIBITED IN SOME JURISDICTIONS. THESE STATUTORY PROHIBITIONS MAY APPLY TO YOU.

 

13. REPRESENTATIONS AND WARRANTIES

You represent, warrant and covenant to us that: (i) you have the right and
authority to enter into this Agreement and perform your obligations under the
Agreement; (ii) you are the sole and exclusive owner of the Publisher trademarks
and have the right and power to grant to us the license to use your trademarks
in the manner provided for in this Agreement; (iii) if you are an individual,
you are an adult of at least the age of majority in the province or territory in
which you reside; and (iv) you will comply with all applicable laws, ordinances,
rules, regulations, policies, practices and guidelines, whether federal,
provincial or local, including without limitation all applicable privacy and
anti-spam laws and regulations.

 

14. PRIVACY

We collect, use and disclose personal information in accordance with our Privacy
Policy which may be changed from time to time by us in our discretion without
any notice or liability to you or any other person by making an amended Privacy
Policy accessible through the Services or on the bestbuy.ca website. By
accepting this Agreement, and each time you use the Services, you consent to the
collection, use and disclosure of your personal information by us in accordance
with the Privacy Policy as it then reads.

 

15. USE OF THE SERVICES

You may not use the Services:

(a)  for any unlawful, immoral or improper purposes;

(b)  to make offensive or nuisance communications in any form (including
posting, transmitting, uploading, downloading or otherwise facilitating content
that is unlawful, defamatory, threatening, a nuisance, obscene, hateful,
abusive, harmful, a breach of privacy, or otherwise objectionable);

(c)  in any way that infringes or violates the rights of any person;

(d)  to harm or attempt to harm any person or property;

(e)  in any way that disrupts or degrades the proper operation of the Services,
or that damages or disrupts our business or reputation;

(f)   in a way that uses excessive network capacity (in our reasonable opinion);

(g)  to access, use or disseminate content that infringes the rights of others;
or

(h)  to access or disseminate content that is pornographic.

You may not resell or re-broadcast any aspect of the Service or Products
purchased through the Service, whether for profit or otherwise, or use the
Services for commercial purposes.

You may not scrape data from or spider the HUB without the prior written
approval of Best Buy. Any IP addresses assigned to you in connection with your
use of the Services are the property of Best Buy or its service providers. IP
addresses may change at any time without prior notice to you. Resellers are
excluded from the HUB and from receiving Services. If you are found, in our sole
discretion, to be a reseller, your account may be immediately suspended or
terminated.

 

16. CONFIDENTIALITY

You agree that all customer and business information related to the Services
belongs to us. You agree to protect as secret all Information, not to disclose
Information to any third parties, and not to use Information for any purpose
other than the purposes of this Agreement. You agree to protect Information
using methods at least as protective as those you use to protect your own
information of a confidential nature, but in no event, using less than a
standard of reasonable care.

 

17. PUBLICITY

Except as expressly authorized in this Agreement, you will not create, publish,
distribute, or permit any written material that makes reference to Best Buy
without first submitting such material to us and receiving our written consent.

  

18. UNCONTROLLABLE CIRCUMSTANCES

Our performance under this Agreement will be excused to the extent that its
performance is hindered, delayed or made commercially impractical by causes
beyond its reasonable control.

 

19. OTHER BUSINESSES/SITES/RESOURCES

Parties other than Best Buy, such as Best Buy Marketplace vendors, (“Other
Businesses”) operate stores, provide services, or sell products through the HUB.
In addition, for your convenience, the HUB may include links or references to
other Internet sites or resources and businesses operated by other persons
(collectively "Other Sites"). Other Businesses and Other Sites are independent
from Best Buy, and Best Buy has no responsibility or liability for or control
over Other Businesses and Other Sites, their business, goods, services, or
content. Best Buy does not sponsor endorse or warrant the offerings of Other
Businesses or Other Sites or their business, goods, services, or content, unless
expressly indicated in writing. Your use of Other Businesses or Other Sites and
your dealings with the owners or operators of Other Businesses or Other Sites is
at your own risk, and you will not make any claim against Best Buy arising from,
connected with, or relating to your use of Other Businesses or Other Sites or
your dealings with the owners or operators of Other Businesses or Other Sites.
You should review the privacy policies and other conditions of use of Other
Businesses and Other Sites. As between you and Best Buy, this Agreement, with
all necessary modifications, applies to your access and use of any Other
Businesses or Other Sites and their business, goods, services and content.

 

20. TERMINATION

Notwithstanding any other provision of this Agreement, Best Buy may in its
discretion change, discontinue, modify, restrict, suspend or terminate the
Services (including for clarity but without limitation the HUB) or any part of
it without any notice or liability to you or any other person. Best Buy may in
its discretion and for its convenience at any time immediately terminate,
temporarily or permanently, this Agreement or your permission to access and use
the Services without any notice or liability to you or any other person.

If this Agreement or your permission to access or use all or any part of the
Services is terminated for any reason, then this Agreement and all other than
existing agreements between you and Best Buy will continue to apply and be
binding upon you regarding your prior access to and use of the Services, and
anything connected with, relating to or arising therefrom.

 

21. GOVERNING LAW AND DISPUTE RESOLUTION

This Agreement, your access to and use of the Website, and all related matters
are governed solely by the laws of British Columbia, Canada and applicable
federal laws of Canada (and in the case of use of the Website in Quebec by
residents of Quebec, by the laws of Quebec and the applicable federal laws of
Canada). Any dispute between you and Best Buy or any other person arising from,
connected with or relating to the Website, this Agreement, or any related
matters (collectively "Disputes") will be resolved before the Courts of British
Columbia, sitting in the City of Vancouver (and in the case of use of the
Website in Quebec by residents of Quebec, before the Courts of Quebec, sitting
in the City of Montreal), and you hereby irrevocably submit and attorn to the
original and exclusive jurisdiction of those courts in respect of all Disputes.

 

22. OTHER MATTERS

If any provision of this Agreement is held to be invalid or unenforceable for
any reason, then the provision will be deemed to be severed from this Agreement
and the remaining provisions will continue in full force and effect. This
Agreement ensures to the benefit of and is binding upon each of Best Buy and its
successors, assigns and related persons, and you and your heirs, executors,
administrators, successors, permitted assigns and personal representatives. You
may not assign this Agreement or the rights and obligations under this
Agreement. Best Buy may assign this Agreement and its rights and obligations
under this Agreement without your consent. No consent or waiver by any party to
or of any breach or default by any other party in its performance of its
obligations under this Agreement will be: (a) deemed or construed to be a
consent to or waiver of a continuing breach or default or any other breach or
default of those or any other obligations of that party; or (b) effective unless
in writing and signed by all parties.

 

23. CONTRACT LANGUAGE 

The parties have expressly requested and required that this Agreement and all
other related documents be drawn up in the English language. Les parties
conviennent et exigent expressément que ce Contrat et tous les documents qui s'y
rapportent soient rédigés en anglais.

 

24. CHANGES TO THIS AGREEMENT

We may, in our sole discretion, change this Agreement from time to time as it
relates to future use of the Services. Your continued use of the HUB or the
Services after this revised Agreement has been posted, signifies your acceptance
and agreement to be bound by the revised Agreement. You may not change this
Agreement in any manner.

 

 

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