Terms of Use

Visitors to this website are bound by the following Terms and Conditions including any correspondence by email between us and you that is initiated via this website, so please read these carefully before proceeding.

Welcome to www.bgfuels.com. This website is operated by BCP IV Service Station LP, carrying on business as BG Fuels, (“BG Fuels”). This “Website” means the whole or any part of the web pages located at or directed to www.bgfuels.com, and any other websites to which we link these Terms and Conditions, and includes the layout of these Websites; individual elements of the Websites’ design; underlying code elements of the Websites; text, sounds, graphics, animated elements and any other content of these Websites.

By accessing and browsing the Website of BG Fuels you confirm your acceptance of and agreement to be bound by the following terms and conditions (the “Terms and Conditions”) and BG Fuels’ Privacy Policy  https://bgfuels.com/privacy-policy/.  If you do not accept and agree to be bound by these Terms and Conditions, please leave the Website immediately.

We reserve the right to modify the above Terms and Conditions at any time without notice. The date of the most recent update is noted at the bottom of this page.

Use

This Website may be accessed and used only by individuals who can form legally binding contracts under applicable laws, who are 18 years of age or older, and who are not barred from using the Website under applicable laws. This Website is intended for persons within Canada only.

You agree that you will use this Website responsibly and in compliance with all applicable laws and these Terms and Conditions.

You agree that you will not hack into this Website, or any other BG Fuels systems, or employ any robot, spider or other device or process to use this Website for unauthorized purposes. You further agree that you will not take any action or do anything which imposes an unreasonable burden on or interferes with this Website.

User Rights and Intellectual Property Rights

All content, information, data, database content, photographs, images, videos, software, trademarks, logos, designs, publicity slogans, source code, inventions, knowhow, and/or other BG Fuels material protected by copyright and other applicable intellectual property laws appearing on this Website (the “Content”) are the exclusive property of BG Fuels or the property of third parties who granted permission to use such Content on this Website, or both. All Content is protected by Canadian intellectual property laws.

Unless prior written authorization has been given by BG Fuels, all Content included on this Website is provided for informational and promotional purposes only.

You are not authorized to modify, reproduce, re-edit, transfer, forward, transmit, publish, distribute or create derivative works of the Content without prior written consent from BG Fuels. However, you may view, download, print or reproduce the Content for personal, non-commercial, use and/or in other circumstances permitted by law, provided that you keep all copyright notices or other legal notices it may contain.

You agree that you will not do or allow any third party to do anything which may infringe, damage or endanger BG Fuels’ intellectual property rights or the intellectual property rights of a third party in respect of this Website and its Content.

Nothing contained on this Website should be construed as granting any license or right of use of any person’s or entity’s trade-mark which is displayed on this Website without their express permission of the owner of the trade-mark.

All unauthorized use of the Content will be considered as a violation of the intellectual property rights of BG Fuels.

User Content

Certain features and/or portions of the Website may permit you to upload, post or otherwise transmit content that you have created (the “User Content”).

  1. You agree that you shall not use the Website to upload, post, communicate or otherwise submit or transmit any User Content that:
  2. may, in the sole and absolute discretion of BG Fuels, degrade, disparage, tarnish or deprecate BG Fuels and/or the public image or standing in the community of BG Fuels provided it is understood that this shall not be interpreted to prohibit you from expressing your true and honest experience with BG Fuels or its products in a manner prohibited under applicable law;
  3. is deemed, in the sole and absolute discretion of BG Fuels, to be defamatory, trade libelous, pornographic or obscene;

iii.      is deemed, in the sole and absolute discretion of BG Fuels, to contain, depict, include, discuss or involve, without limitation, any of the following: nudity; alcohol/drug consumption or smoking; explicit or graphic sexual activity, or sexual innuendo; crude, vulgar or offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual, religious or other groups; content that endorses, condones and/or discusses any illegal, inappropriate or risky behaviour or conduct; personal information of individuals, including, without limitation, names, telephone numbers and addresses (physical or electronic); commercial messages, comparisons or solicitations for products or services other than products of BG Fuels; any identifiable third party products, trade-marks, brands and/or logos, other than those of BG Fuels; conduct or other activities in violation of these Terms of Use; and/or any other content that is or could be considered inappropriate, unsuitable or offensive, all as determined by BG Fuels in its sole and absolute discretion;

  1. contains any reference to or likeness of any identifiable third parties, unless consent has been obtained from each such individual and his/her parent/legal guardian if he/she is under the age of majority in his/her jurisdiction of residence (note: if you cannot obtain the consent of an individual appearing in your User Content, then his/her face must be blurred out and voice (if applicable) must be altered so as to be unrecognizable);
  2. infringes, or might infringe, the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others or give rise to any claims for payment whatsoever;
  3. contains any viruses, trojan horses, time bombs, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

vii.     contains (in any format or media) any music, logos, trade-marks or other copyrighted materials (e.g. photographs, pictures, texts, lyrics, etc) unless you have first obtained consent from the owner of such materials.

  1. You hereby agree that you shall not use the Website to:
  2. disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of the Website;
  3. collect information about others without their consent; and/or

iii.      upload, post, email, transmit or otherwise make available any content that you do not have the right to disclose or make available.

  1. Further, you hereby agree that you shall not engage in prohibited or unauthorized use of the Website or of BG Fuels systems, including, but not limited to, unauthorized entry into the systems, misuse of passwords, or misuse of any information on the Website.

You Licence your User Content to Us

By providing User Content, you are giving BG Fuels permission to forever use any User Content you submit on or through the Website.

By providing User Content, you hereby: (i) grant to BG Fuels a world-wide, perpetual, irrevocable, transferable, sub-licensable, royalty-free, non-exclusive, and unrestricted license to copy, reproduce, adapt, transmit, edit, modify, or otherwise use, publicly display, distribute, translate and create compilations and derivative works from, any and all User Content (in any format or media) that you post on, upload or otherwise submit to or through, the Website; and (ii) waive all moral rights in and to all User Content that you post on, upload or otherwise submit to or through, the Website in favour of BG Fuels.  For greater certainty, this means that, among other things, BG Fuels has the right to use any and all ideas you submit (including ideas about our products, services, publications or advertising campaigns) in any manner that we choose, without any notice or obligation to you whatsoever.

Intellectual Property Concerns

While we are under no legal obligation to actively screen or edit the Content, we reserve the right, in our sole and absolute discretion, to modify, edit or remove any Content, if a complaint or notice of allegedly infringing materials is received with respect to the Content, or for any other reason.

To complain about Content and/or to provide notice of allegedly infringing materials on the Website, please contact us using the contact information below.

Links to Third Party Websites

This Website may include links to other websites owned by third parties. These links are provided solely for your convenience and may not remain current or active. BG Fuels has not reviewed these third party websites and does not control and is not responsible for these websites or their content or availability. BG Fuels does not endorse, recommend or approve of any information, products or services referred to on such linked sites and assumes no responsibility for the content, security or privacy practices of any other website. Your use of any link to an outside website is entirely at your own risk. Therefore, BG Fuels cannot be held responsible for the information contained on such websites, or for the privacy practices of such websites, and BG Fuels does not offer any guarantee or make any declaration in this regard. Your use of any link to an outside website is entirely at your own risk. We encourage you to carefully read and review the terms of use and privacy policy for each website you visit.

No part of this Website may be linked to without prior written consent from BG Fuels.

Site Availability

From time to time and without prior notice to you, BG Fuels may cease to continue operating part or all of the Website or selectively disable certain aspects or portions of the Website, including all or any part of the Content. Any modification to or elimination of the Website will be done in our sole and absolute discretion and without any obligation or liability to you, and your use of the Website does not entitle you to the continued provision or availability of the Website.

Security

BG Fuels takes reasonable steps to help ensure the security of its systems, including the use of secure servers to handle information you submit through this Website. However, there are inherent risks associated with the use of electronic means of communication. Therefore BG Fuels discourages the use of its Website to submit sensitive personal or business information. The possibility exists that information could be unlawfully observed by a third party while the data is being transmitted over the internet or while stored on cloud-based servers, or subject to access and review by law enforcement or other authorities. BG Fuels accepts no liability that may arise if any other persons obtain the information you submit to this Website.

Sale of BG Fuels Products and Services

BG Fuels reserves the right to cease production of any products and services offered on this Website or to modify any specification related to these products and services without notice and without incurring any liability.

Errors

While BG Fuels endeavours to ensure that the information on the Website is correct, there may sometimes be information on the Website that contains typographical errors, inaccuracies, or omissions . BG Fuels does not warrant the accuracy or completeness of the Website or any Content. BG Fuels reserves the right, in our sole and absolute discretion, to correct any errors, inaccuracies or omissions and to change or update information if any information on the Website is erroneous or inaccurate at any time without prior notice. BG Fuels may make changes to the Website at any time without notice.

Without limiting any other provision(s) of these Terms and Conditions, you acknowledge and agree that BG Fuels has no obligation whatsoever under these Terms and Conditions or otherwise to correct any defects or errors in the Website or any Content, regardless of whether you inform BG Fuels of such defects or errors or BG Fuels otherwise is, or becomes aware of, such defects or errors.

Disclaimer and Limitation of Liability

To the maximum extent permitted by applicable law, the Website is provided by BG Fuels in good faith on an “as is” and “as available” basis for general information purposes. Website users agree to bear all risks associated with their use of the Website, including any reliance on the availability, accuracy, completeness, timeliness, usefulness or appropriateness of the Website.

BG Fuels makes no representations about the suitability, reliability, timeliness, comprehensiveness or accuracy of the information, services and other Content contained on this Website. You are solely responsible for the use and/or the interpretation of all the Content of this Website.

BG Fuels may, in its sole discretion and at any time without notice, restrict, suspend or cancel access to or use of the Website or any part of the Website, for all or any one or number of users. Furthermore, BG Fuels does not guarantee that the Content of this Website will be uninterrupted, up-to-date or error-free, and will not be held responsible for any damage resulting from any virus, worm or other destructive or invasive computer program. BG Fuels does not warrant that any security defects, vulnerabilities or errors on the Website will be identified or remedied.

BG Fuels will not be liable for any interference with or damage to your computer systems that may occur in connection with use of this Website or a linked Website, or for any data lost or any equipment or software damaged or replaced by you as a result of you using this Website. You must take your own precautions to ensure that your use of this Website is free of viruses or other malicious content that may interfere with or damage the operations of your computer systems.

Any products and/or services described on the Website are offered in jurisdictions where they may be legally offered.

The information available on or through the Website or any component of the Website is not an offer or solicitation by anyone in any jurisdiction in which an offer or solicitation cannot legally be made, or to any person to whom it is unlawful to make a solicitation.

Any and all information obtained from or through the Website is for informational purposes only and is not intended to provide specific advice and should not be relied upon in that or any other regard. Your reliance on any information obtained from or through the Website is solely at your own risk.

To the maximum extent permitted by law, you agree that you will not seek to hold BG Fuels and its affiliates or any of them liable:

  • directly or indirectly in contract, tort, equity or otherwise for any damage (including direct, indirect, incidental, consequential, special, punitive, exemplary and aggravated damages and damages for loss of use, profits or revenue) or other remedy whatsoever in connection with this Website and/or the Content; and
  • to you or anyone else for any loss or damage, however caused which may be directly or indirectly suffered in connection with websites of other entities that are hyperlinked from this Website.

Indemnity

By accessing and browsing this Website, you accept that you will indemnify and hold BG Fuels and its subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless against all liabilities, damages, losses, actions, costs, legal fees, claims, demands and causes of action whatsoever at law, in equity or under statute, that BG Fuels may suffer or incur as a result of: (a) your access to and use of this Website; (b) from any other alleged violation of the present Terms and Conditions; (c) and infringement by you, or any third party using your account, computer, mobile phone, table or any such device, of any intellectual property or other right of any person or entity.

BG Fuels reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and you agree to cooperate with our defence of these claims. You agree not to settle any matter without the prior written consent of BG Fuels. BG Fuels will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

No Partnership

You agree that no joint venture, partnership, employment, or agency relationship exists between you and BG Fuels as a result of these Terms and Conditions, our Privacy Policy or any use of the Website.

BG Fuels’ performance of these Terms and Conditions is subject to existing laws and legal process, and nothing contained in these Terms and Conditions or our Privacy Policy is in derogation of BG Fuels’ right to comply with law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by BG Fuels with respect to such use.

Applicable Laws

For users who are not individuals resident in Quebec, these Terms and Conditions and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to these Terms and Conditions will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable within Ontario. The Ontario Superior Court of Justice will have exclusive jurisdiction to resolve any disputes relating to these Terms and Conditions.

Contact Us

If you have any questions or concerns about these Terms and Conditions, you can contact us in writing at:

Address:

BG Fuels
140 Allstate Parkway, Suite 102
Markham, ON, L3R 5Y8

Email:
info@bgfuels.com

These Terms and Conditions are effective as of June 17, 2019.