Buchanan Group Sites Terms of Use

Buchanan Group Terms of Use

The use of the Sites is subject to the following terms and conditions, the and any additional terms and conditions, rules, disclaimers and notices displayed by us elsewhere on the Sites from time to time (together, "Terms of Use").Please read these terms and conditions carefully before using the Sites.

By using the Sites, you agree to be bound by the Terms of Use as updated from time to time, whether you are a visitor simply browsing the Sites or you become a member of the BG community (both, "Users"). If you do not agree with any of the terms contained in the Terms of Use, do not use the Sites.

For the purposes of the Terms of Use the word "Sites" includes, without limitation:

  • this site;
  • all websites, co-branded microsites, services, or applications owned or provided by Buchanan Advertising (Canada) Inc, or any Related Entity (collectively, "BG"), and all services offered on or through www.hometesterclub.com, and other services accessible via www.hometesterclub.com or via other websites owned, operated or provided by BG;
  • all mobile phone applications and other media owned, operated or provided by BG;
  • all software offerings and applications owned or provided by BG and/or available on or through www.hometesterclub.com or other websites, mobile phone applications and other media owned, operated or provided by BG; and
  • all webpages, data, text, images, photographs, graphics, audio, video, and documents including, without limitation, offers and coupons, marketing materials, press releases, white papers, product data sheets, and other information and content on or through or submitted on or through www.hometesterclub.com or other websites, mobile phone applications and other media owned, operated or provided by BG.

For the purposes of the Terms of Use "Related Entity" means any of Buchanan Group Holdings Pte Ltd, Buchanan Licensing Singapore Pte Ltd, Buchanan Advertising (UK) Ltd, Buchanan Advertising (Australia) Pty. Ltd., and BG Advertising (Malaysia) Sdn Bhd Related Bodies Corporate and Licensees from time to time.

Use of the Sites

The Sites are owned, operated or provided by BG and are designed to provide a place for Users to access and share homemaker and consumer product knowledge and experience through forums, articles, videos and product reviews. The information and material on the Sites is provided “as is” for general informational purposes only. Users access the Sites, and rely on the information and material contained in the Sites, at their own risk.

Membership

To participate in certain parts of the Sites, Users must register on the Sites as a member of the BG community. Users who register as a member of the BG community must provide BG with complete and up-to-date registration information, as requested. Users warrant that all information provided to BG is true, accurate and correct and agree to inform BG of any changes to their registration information by updating the details in their member profile page.

BG does not represent or warrant that this internet site will be accessible without interruption or that this site or the server that makes this internet site available are free from errors, defects, design flaws or omissions from viruses or other harmful components.

BG may, in its sole discretion, terminate or suspend Users' membership in the BG community immediately without notice for any reason, including if Users breach any of the Terms of Use. Users may terminate their membership by deactivating their membership on their member profile page. However, Users will continue to be bound by the Terms of Use for as long as they continue to use the Sites and BG shall not liable for any suspension or termination of a User’s membership or access to the Sites.

Users who register as members of the BG community will be issued a user-name and password. Users must keep their password secure and confidential and are responsible for any activities or actions conducted under their user-name.It is each User’s sole responsibility to make sure that their user-name and password are kept secret and confidential. BG is not responsible for any loss or damage suffered by a User as a result of someone else accessing a User’s user-name or password. Users should not transfer their user-name, password or account to a third party and are responsible for all activity that takes place under an account and user-name. Users shall promptly notify BG at privacy@hometesterclub.com if there is a breach of security or any unauthorized use of their user-name or password.

By subscribing for membership on this Site you are subscribing for a membership encompassing each of the BG Sites. As a member you will be able to access each of the BG websites and enjoy the privileges of a member. Any comments you post on a BG Site may be used on any of the Sites.

User-posted content

Some parts of the Sites may allow Users to submit, upload, post or transmit content or material including, but not limited to, text, photos, images, audio and video (including links to content or material) ("Material") that may be accessed and viewed by others via the Sites. Users are solely responsible for any Material they submit to the Sites and must respect the legal rights and sensibilities of other Users.

BG reserves the right to (but has no obligation to) review, remove, edit, modify, deny access to or not display any Material or any part thereof submitted, uploaded, posted or transmitted to or on the Sites in its sole discretion at any time without notifying the User.

By submitting, uploading, posting or transmitting Material to or on the Sites, Users:

  • grant BG a fully paid, royalty free, perpetual, transferable, worldwide license to (and to authorize others to) use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display such Material (modified or unmodified) for the purposes of operating the Sites and providing any associated services to Users and any promotional purposes of BG and its clients (for example, BG may reproduce testimonials in promotional materials for its own use or that of its clients which may or may not include the relevant user name);
  • consent to BG using and publishing (and authorizing others to use and publish) their name, character, likeness, image, voice or anything else that identifies them or any other personal information which is contained in the Material for the above purposes;
  • grant other Users a royalty free, fully paid, perpetual, worldwide license to use, copy and reproduce such Material for their own private, non-commercial use;
  • represent and warrant that they are legally entitled to submit, upload, post or transmit the Material to or on the Sites and have obtained all necessary licenses, consents and approvals in relation to the Material (including intellectual property licenses and in relation to the use of any name, character, likeness, image, voice or anything else that identifies any person that is included in the Material) to enable them to submit, upload, post or transmit the Material on the Sites and to permit BG and Users to deal with the Material in accordance with the licenses granted above without infringement or violation of any third party rights;
  • Recognize that when Users delete Material, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time;
  • represent and warrant that they provide BG with accurate, truthful and complete registration information; and
  • consent to any act or omission that would otherwise infringe their moral rights in the Material and present and future rights of a similar nature conferred by statute anywhere in the world.

No liability for misuse by third parties

BG does not warrant that Material submitted, uploaded, posted or transmitted by Users will be protected against misuse by third parties. In particular, BG is not responsible for the infringement of the copyright in Material by other Users.

Conduct of Users

Users must not submit, upload, post or transmit Material on the Sites that may reasonably be deemed to be offensive, illegal or inappropriate or that in any way:

  • contains advertising, spam or is otherwise submitted, upload, posted or transmitted for commercial purposes (except where expressly permitted by BG)
  • is about a product or service that you own or are otherwise associated with (including if they are an employee or agent of the supplier);
  • for which you have been compensated or granted any consideration by any third party;
  • may reasonably be deemed to promote offensive, unlawful, harmful, indecent, defamatory, false or misleading, untruthful or inaccurate, discriminatory, unsuitable for minors or of an abusive, obscene, offensive or menacing nature;
  • contains nudity, sexual activity, swear words or excessive violence or is otherwise inappropriate as determined by BG in its sole discretion;
  • is reasonably likely to offend, harass or advocate the harassment of another User;
  • violates or infringes (or the use of which violates or infringes) the intellectual property (including without limitation any patent, trademark, trade secret or copyright) or other rights of any person or entity;
  • that contains personal information of any person (such as name, address, email address, phone number), or any third party’s likenesses except with the relevant party’s permission;
  • that contains software viruses or other computer codes, files, worms or programs that are designed or intended to disrupt, disable, damage, limit or interfere with the proper function of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any system data, password or other information of BC or any third party;
  • violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
  • is known to you to be false, inaccurate or misleading;
  • that imposes or may impose (as determined by BG in its sole discretion) an unreasonable or disproportionately large load on BG’s (or its third party providers’) infrastructure; or
  • that contains financial, legal, medical or other professional advice.

Users must not use the Sites to:

  • conduct any illegal activity;
  • cause annoyance or inconvenience to any person including other Users; or
  • harvest information about Users for the purpose of sending, or to facilitate the sending of, unsolicited commercial electronic messages.

Users acknowledge and agree that they shall:

  • not use the Sites or the contents of the Sites to do anything capable of infringing on the intellectual property rights or other rights of any third parties;
  • comply with all instructions as BG may provide from time to time in respect of the Sites; and
  • promptly co-operate with any reasonable security checks or requests for information made by BG from time to time.

Material posted by Users

BG is not responsible for, and accepts no liability with respect to, any Material submitted, uploaded, posted or transmitted on the Sites or for the use of such Material by any User. BG cannot guarantee the true identity, age or nationality of any user.

The views and opinions expressed in Material posted by Users on the Sites are the views and opinions of the authors and do not necessarily represent the views or opinions of BG or its clients. BG does not endorse or support any views or opinions posted by Users on the Sites or guarantee the accuracy, completeness, currency or suitability of any information posted by Users.

BG will not participate in any way in nor will be liable in any way for any communication, transaction, meet-ups or any relationship between Users of the Sites. BG recommends that you take all safety precautions when contacting or engaging in any business transactions or any business or social gatherings or meetings with any Users of the Sites.

NEW Number Membership of Home Tester Club

If you sign up to become a home tester in the Home Tester Club, from time to time, BG may send to you samples of products ("Samples") for you to test. You agree and acknowledge to the fullest extent permitted by law that:

  • BG is under no obligation to send you any Samples at any time;
  • BG does not warrant the condition or quality of any Samples;
  • BG has no liability to you in respect of the Samples;
  • you will not make a claim against BG for any Samples not received or received in a damaged condition; and
  • you will not sell, or attempt to sell, any of these samples to any third party.

BG advises you not to accept the delivery of, or use, any Samples that appear damaged or tampered with in any way. In such circumstances, please contact the local Home Tester Club team. In the event that Samples are returned to us undelivered for any reason, including human error, or are otherwise not delivered to you BG will be under no obligation to redeliver the Samples.

Competitions

BG may run competitions from time to time on the website. All competitions will be subject to the terms and conditions specific to the competition, which are available to view on the website. To enter the competitions you must accept the terms and conditions of the contest.

Reporting violations

By using the Sites, Users may be exposed to Material submitted, uploaded, posted or transmitted by other Users that may be offensive, indecent or objectionable. Users agree that BG is not liable for the opinions or behaviour of other Users, including any Material they submit, upload, posted or transmit on the Sites and any defamatory statements or offensive conduct.

Users who believe that the behaviour or Material of another User is objectionable or contrary to the Terms of Use can report the behaviour or Material to BG by using the "Report" button at the relevant place on the Sites or contacting BG (click for contact details).

Disclaimer of warranties and representations

Except as required by law, BG gives no express or implied warranties or guarantees, and makes no representations, in relation to the Sites. In particular, while care has been taken in creating the Sites, BG does not warrant or represent that:

  • the information or any material provided on the Sites is accurate, complete, up to date or suitable for any purpose;
  • this Sites are free from any computer viruses or other defects; or
  • User's access to the Sites will be continuous or uninterrupted

While BG acts reasonably in taking measures to ensure that our sites are free from viruses and defects, we cannot guarantee that use will not result in and we will not be liable for any damage to User’s hardware, software or any data associated with them.

Limitation of BG's Liability

Use of the Sites and BG membership is provided to Users free of charge.

Where conditions, warranties or consumer guarantees implied or applied by law cannot be excluded, BG limits its liability, where it is entitled to do so, to the resupply of the relevant service, or paying the User the an amount equivalent to the cost of that resupply.

In no event shall BG or any of its directors, employees, agents and representatives and their respective successors and assigns be liable for any loss or damages (including any consequential loss or damage) to any person or entity, however caused, arising out or related to access to or use of the Sites or any other website linked to this website or the Material, including any direct or indirect loss or damage in respect of any information or material provided on the Sites, or in respect to any error, omission or misrepresentation in any information or material on the Sites, regardless of whether such loss or damages are based on warranty, contract, tort (including negligence), strict liability, products liability or other theories of liability, including without limitation liability for direct, indirect, special, punitive, incidental or consequential damages.

BG shall not be responsible nor liable for any act, omission, event or delay beyond our reasonable control, including, without limitation, any law or action taken by a government or public authority including, without limitation, imposing an export or import restriction, quota or prohibition on the performance or non-performance of our suppliers or subcontractors.

Links to third party websites

The Sites may contain links to other websites that are not operated or controlled by BG. Those links are provided for convenience only and may not be current. Provision of a link should not be construed as an endorsement or approval of the third party website by BG.

Third party websites are wholly independent from this Site and BG is not responsible for the content of third party websites (including, for greater certainty, Facebook, Twitter, Instagram, Etsy or any BG client). BG is not responsible for webstreaming or any transmission received from any third party website nor is BG responsible for any third party website that is not working properly. If you decide to access any of the third party websites linked to be any of the Sites, you do so at your own risk. Third party websites should have their own terms governing the use of their websites, which BG encourages you to read.

Availability and Use

Users must ensure that their access to, and use of, the Sites, is not illegal or prohibited by laws which apply to them or laws in their location.

BG reserves the right to change or remove any feature of the Sites at any time.

Indemnity

Users indemnify, and hold harmless, BG and its Related Entities relation to all liabilities, loss, expenses and damage whatsoever which is suffered (including but not limited to indirect or consequential loss) by BG and its related parties as a direct or indirect result of the User acting inconsistently with or breaching any part of the Terms of Use. BG reserves the right (at its complete discretion) to assume the exclusive defense and control of any matter subject to indemnification by you in which event the user must assist and cooperate with BG in asserting any available defenses.

Age of Users

By accessing the Sites and/or applying to register for the Sites you warrant that you are 18 years old or above and are legally capable of entering into contracts under applicable law or otherwise use the Sites with parental or guardian consent and supervision.

Copyright

Copyright in the material on the Sites is owned by BG or its licensors.

Users may view and download information from the Sites and print out that information, but only for their own private, non-commercial use. Otherwise, no part of the Sites (including any Material posted on this website) may be reproduced, copied, published, framed, or transmitted in any form or by any means without the prior written consent of BG except as permitted by the Copyright Act. Requests for consent should be directed to BG. Click for contact details.

Intellectual Property

We (including BG, the Related Entities and any of our associated or affiliated companies or third parties who have licensed its brands to BG or contributed to the Sites) ("Content Owner") own, license or have permission to use from third parties all content of the Sites. All content of the Sites remains the sole property of the applicable Content Owner and is protected under all relevant copyright, trademark and other applicable laws. Users may not use, reproduce, copy or manipulate any such logos, trademarks, slogans, images marks or trade names in any manner without the prior written consent of the Content Owner.

Users are expressly prohibited from removing, modifying, altering or using any registered or unregistered marks, logos or trade-names owned by a Content Owner and from doing anything which may be seen to take unfair advantage of a Content Owner’s reputation and goodwill or could be considered an infringement of any intellectual property rights owned or licensed to a Content Owner unless otherwise permitted by these Terms of Use.

Nothing on the Sites should be construed as granting any license or rights to use or distribute any content of the Sites outside of the Sites, without our express written agreement or of the other applicable Content Owner.

Jurisdiction

The content, operation and interpretation of this website and the Terms of Use will be governed by the laws of the province of Ontario and the laws of Canada applicable therein. The User agrees to submit to the non-exclusive jurisdiction of the provincial and federal courts located in Toronto, Ontario in the event of a dispute arising out of, or in connection with, this website.

Changes to these Terms of Use

BG may amend these Terms of Use from time to time by posting the amended version on this website. It is your responsibility to check these Terms of Use periodically for changes. Subsequent or continuing use of the Sites will constitute acceptance of any changes.

If any part of the Terms of Use is or becomes void, it will not affect the validity and enforceability of the remaining provisions. The void part will be replaced by provisions that are valid and have an effect as close as possible to the effect of the void part.

Complaints

If you have any reason to believe that these Terms of Use or any part thereof have been breached, you have a complaint to make or wish to contact BG for any reason in relation to these Terms of Use, please e-mail us at privacy@hometesterclub.com or contact us at:

Attn: Terms of Use
Buchanan Advertising (Canada) Inc
461 King Street West, Suite 402
Toronto, Ontario M5V 1K4 Canada
T: + 1 416 644 8686
F: + 1 416 596 8795

Updated August 2014

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