General Terms of Use

Please carefully review these terms that govern your use of our services. BY REGISTERING FOR, ACCESSING, OR USING OUR WEBSITE, or other services (collectively “Services”) provided by MDG or its affiliates (collectively “MDG”), you agree to the following general terms of use (“Terms”). In these Terms, the words “Customer”, “You”, or “you”, refer to any and each person who accepts these Terms. “MDG”, “We”, “we”, “Us”, “us” “Our”, and “our”, refers to MDG Computers Canada Inc. and/or MDG Financial Inc.

If you do not agree to the Terms, you are prohibited from accessing or using the Services.

In addition to all other agreements that may be provided to you, which are not modified, replaced, amended, or altered in any way by the Terms, the Terms set forth the legally binding terms for your use of the Services. By continuing to use the Services, you agree to be bound by the Terms. You are only authorized to use the Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to the Terms. You agree to be bound to any changes to the Terms when you use the Services after any such modification is posted. It is therefore important that you review the Terms regularly upon each use of the Services to ensure you are updated as to any changes.

USE OF SERVICES
You may use the Services only according to the Terms. You accept sole responsibility for all activities using the Services, including your conduct on the Services. You are solely responsible for all activities that occur under your account. You will not use the Services for any unauthorized or illegal purpose. You will be responsible for ensuring that you do not violate any laws of your jurisdiction, including but not limited to copyright laws. You will not upload or transmit viruses, worms, or any other destructive code. You may not use the Services in any manner which could damage, disable, interrupt, overburden, or impair the Services or MDG’s network or servers. You may not attempt to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. Additionally, you must not engage in spidering, screen scraping, database scraping, harvesting of information, or any other automatic means of accessing, logging-in or registering on the Services, or obtaining or accessing other information from or through the Services. You may not sell or distribute to third parties the Services, or any information provided by the Services, for any commercial purpose. Your use of the Services is not transferable to any other person or entity. You agree not to copy materials, content, or any other information on the Services, remove any copyright or other proprietary notations from the materials or content, reverse engineer or break into (hack) the Services, or use materials, products, or services in violation of law.

ELIGIBILITY
Use of the Services is void where prohibited. By using the Services, you represent and warrant that (a) all information you submit is truthful, complete, current and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; (d) you have the authority to provide the information to us; (e) the information you provide does not infringe or violate any patents, copyrights, trademarks, or other intellectual property, proprietary, or privacy rights of any third party; and (f) your use of the Services does not violate any applicable law or regulation.

REGISTRATION
MDG hereby grants you permission to use the Services as set forth in the Terms, provided that you will comply with the Terms and conditions set forth in the Terms. To access some features of the Services, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You must keep your account password secure. You accept sole responsibility for keeping your password secure. We reserve the right to require that you change your password if we believe your account is no longer secure. You must notify MDG immediately of any breach of security or unauthorized use of your account. Although MDG will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of MDG or others due to such unauthorized use.

You agree to provide true, accurate, current, and complete information about yourself, your accounts and you agree to not misrepresent your identity or your account information. You agree to keep your account information up to date and accurate.

MDG may use and share your information with certain affiliates and third parties for the purpose of providing the services as provided herein and in accordance with its Privacy Policy.

PROVIDED SERVICES
MDG will make reasonable efforts to keep the Services operational. However, certain technical difficulties, routine maintenance and upgrades, and other events outside the control of MDG may, from time to time, result in temporary interruptions to the Services. In addition, MDG reserves the right at any time to modify or discontinue (on a temporary or permanent basis) certain functions of the Services or all the Services without notice.

The Services are provided by MDG “AS IS” and MDG assumes no responsibility for any failure in providing the Services to you. MDG may change, suspend, or discontinue any or all the Services for any reason, at any time, including the availability of any products or services included within the Services. MDG may also impose limits on all or any of the Services or restrict your access to parts or all of the Services without notice or liability.

THE SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. YOU AGREE THAT USE OF THE SERVICES ARE AT YOUR SOLE RISK. MDG DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THIRD-PARTY RIGHTS ARISING OUT OF COURSE OF CONDUCT OR TRADE CUSTOM OR USAGE. YOU UNDERSTAND AND AGREE THAT THE OPERATION OF THE SERVICES MAY INVOLVE BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS. MDG HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF THE SERVICES OR USE OF ANY INFORMATION OR SERVICES ACCESSED THROUGH THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MDG THROUGH THE SERVICES WILL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE OF ANY KIND.

Some provinces and/or territories, or other jurisdictions, do not allow the exclusion of implied warranties, so the above exclusions may not apply to you if prohibited by law.

ADVERTISER DISCLOSURE
Listings on this website are not an offer to sell goods, rather, they are advertisements to receive offers. Any excessive offer/order per address, customer or company may be rejected, and all orders are subject to review and acceptance by MDG. As all prices are subject to change, your order may not be accepted, or we may have to communicate price changes or availability issues to you after you place your order.

COPYRIGHT/TRADEMARK INFORMATION
The Services, including any part of the Services, are protected by copyrights, trademarks, service marks, or other proprietary rights, under the laws of Canada and international conventions. We grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable, limited license to use the Services subject to the Terms. Any rights to the Services and its derivative works not expressly granted are expressly reserved. We retain all rights to aggregated anonymous data derived from your use of the Services. We do not claim ownership of the trademarks of any of our advertising partners or regarding any publisher or publication mentioned on the Services. In using the Services, you may provide us with feedback and suggestions regarding the Services. You assign to MDG all ownership and rights in any feedback and suggestions you provide without any royalty or accounting obligations to you. You agree that any information or materials that you provide to MDG through any of its Services shall become the sole property of MDG and may be used freely by MDG. By providing such information and materials, you declare and warrant that you have all necessary rights to submit such information and materials and that the information and materials do not infringe the rights of third parties. You are permitted to use content delivered to you through the Services only on the Services.

MDG and the MDG logo are registered trademarks of MDG.

The information contained in this website is subject to change without notice. We are not responsible for typographical, technical, or descriptive errors of products herein.

MDG BASIC CREDIT MONITORING SERVICE
You understand that by using the MDG Basic Credit Monitoring service, you are providing "written instructions" for MDG and its service providers to obtain information from your personal credit profile from Equifax. You authorize MDG and its service providers to use your Social Identification Number to access your personal credit profile, to verify your identity, and to provide credit monitoring, reporting, and scoring products.

CREDIT SCORE DISCLOSURES
The credit score is obtained from Equifax by MDG. The credit score measures the probability that a person will continue to pay their debts on time. There are many different credit scores in the marketplace based on different models with different score values, and lenders and servicers use a variety of different credit scores to make credit decisions. The credit score provided within the Service is for educational/informational purposes only.

ORDER ACCEPTANCE POLICY
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. MDG reserves the right at any time after receipt of your order to accept or decline your order for any reason. MDG reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. All orders placed must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any order. MDG is a reseller to end user customers and does not accept orders from computer dealers, exporters, wholesalers, or other customers who intend to resell the products offered by MDG.

BUNDLES
Bundled items are included while supplies last. Items of similar or greater value may be substituted.

TYPOGRAPHICAL ERRORS
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, MDG shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. MDG shall have the right to refuse or cancel any such orders even if the order has been confirmed and payment received. If payment has been received for the purchase and your order is canceled, MDG will issue a refund in the amount of the charge.

RETURN POLICY
All sales are a final. Unless required by law, there are no returns, refunds or exchanges of any kind whatsoever. However, we may choose to accept a return in our sole and absolute discretion; our exercise of discretion may be affected by various factors, including but not limited to the passage of time from the purchase date and the condition of the returned goods. Products returned for exchange must be sent back exactly as they were received. They must contain the unused product, original packaging and include all disks, registration cards, packing materials and other accessories and must be received within 30 days of the invoice date. We reserve the right to refuse to accept returns or charge a restocking fee of 20% of the purchase price. No returns will be accepted without an RA number issued by MDG or when the product manufactures or distributors return policies supersede ours. If approved by MDG, an exchange, merchandise credit or refund will be authorized.

Due to the volatile nature of computer prices, items will only be refunded, exchanged or credited at the current pricing at the time of return. MDG reserves the right to charge higher restocking fees for any special circumstances, such as damaged packaging, missing items, etc. Physically damaged products will not be accepted.

LIMITED GUARANTEE AGAINST DEFECTS
Every third-party product you buy from MDG is backed first by the product manufacturer's warranty. MDG offers a 30-day limited warranty against defects. A 20% re-stocking fee may also apply. MDG’s 30-day limited warranty is a defective exchange policy that provides for either repair or replacement of merchandise that has been confirmed as defective by either the manufacturer or MDG. Hardware confirmed as defective by the product manufacturer or MDG will either be exchanged or repaired within the first 30 days of original product delivery to buyer. After those 30 days, the product manufacturer warranty is the only warranty in effect. Terms and conditions may vary by product or manufacturer.

WARRANTY LIMITATIONS
Where permitted by law, MDG disclaims all warranties and conditions, express or implied, including, without limitation, implied warranties or conditions of merchantability and fitness for a particular purpose. There are no MDG warranties on services or software. Warranties, if any, for the software are contained in the licensed agreement that governs its purchase (or licensing) and use. Any warranty and technical support provided on third-party products purchased from MDG are provided by the original manufacturer and not by MDG. MDG’s responsibility for any MDG-branded warranty claim is provided in accordance with the MDG Limited Warranty Agreement and the MDG Extended Service Plan, if available and purchased by you. Where applicable, the MDG Limited Warranty Agreement and the MDG Extended Service Plan will be provided to you upon delivery of your product(s). There are no other express warranties or conditions respecting the equipment. Implied warranties, if any, are limited to the duration of the express warranty provided herein. MDG may provide the manufacturer’s warranty if unavailable from the manufacturer in your own country. Please contact MDG with any support or warranty related issues.

PROCESSING
Your order is thoroughly reviewed by our Verification Department to ensure that the order is accurate, the payment method is valid, and you are authorized to use this payment method. Once your order has passed the review by our Verification Department, it is sent to our warehouse for shipment. For security reasons, voice confirmation may be required before we can proceed with any step during the application process, or before processing your payment. If the item(s) on your order are in-stock, we will ship them as soon as possible from our warehouse, or partner warehouse. If the item(s) on your order are out of stock, they will not be shipped until we have received and processed the backordered inventory in our warehouse.

TOTAL TIME FOR DELIVERY
Total time is based on the amount of time it takes to get payment authorization, order processing, and the transit time from the carrier. The sooner information is provided to MDG by the customer, the sooner the Verification Department can verify that information and ship out the products. This can range from 24 hours to 10 business days for in-stock items. In some cases, the delay time can be greater than 10 days. For more information regarding total time for delivery, please refer to our SHIPPING page.

SHIPPING AND HANDLING RATES
Our shipping schedule is calculated on the ACTUAL WEIGHT of your shipment. Shipping and handling charges will be applied to all orders placed with us. If your order must be shipped in multiple boxes or in separate shipments in the event an item is not in stock and must ship at a later date, shipping and handling charges for the entire order will be assessed at the point when the first item is shipped. We charge only ONCE for shipping and handling, for the entire order. MDG ships only within Canada. For more information regarding Shipping & Handling Rates, please refer to our TOTAL COST OF OWNERSHIP table.

RISK OF LOSS
If the customer provides MDG with the customer's carrier account number, or selects a carrier other than a carrier that regularly ships for MDG, title to products and risk of loss or damage during shipment passes from MDG to the customer upon shipment from MDG’s facility. For all other shipments, title to products and risk of loss or damage during shipment passes from MDG to customer upon receipt by the customer. MDG retains a security interest in the products until payment in full is received. The customer will be responsible for all shipping and related charges.

LIMITATION OF LIABILITY
IN NO EVENT SHALL MDG OR ANY OF ITS SUBSIDIARIES OR AFFILIATES BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF DATA, LOSS OF BUSINESS OR PROFITS OR OTHER DAMAGES, UNDER ANY LEGAL AUTHORITY ARISING OUT OF OR IN ANY WAY RELATING TO THE SERVICES, YOUR USE OF THE SERVICES, OR THE CONTENT OR MATERIALS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO CEASE ALL YOUR USE OF THE SERVICES. SOME LOCALITIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

INDEMNIFICATION
YOU AGREE TO INDEMNIFY AND DEFEND MDG, IT OFFICERS, DIRECTORS, SHAREHOLDERS, PARTNERS, EMPLOYEES, AGENTS, ATTORNEYS, AFFILIATES, SERVICE PROVIDERS, SUCCESSORS, AND ASSIGNS FROM ANY LIABILITY, LOSS, CLAIM, AND EXPENSE, INCLUDING REASONABLE ATTORNEYS’ FEES, WHETHER A LAWSUIT OR OTHER PROCEEDING IS FILED, THAT IN ANY WAY ARISES OUT OF OR RELATES TO 1) YOUR BREACH OR VIOLATION OF THE TERMS OR ANY APPLICABLE PROVINCIAL OR FEDERAL LAW OR 2) YOUR USE OF THE SERVICES. THIS PROVISION WILL SURVIVE THE TERMINATION OF THE TERMS.

FORCE MAJEURE
Unless otherwise required by applicable law, we are not responsible and will not incur liability to you for any failure, error, malfunction or any delay in carrying out obligations under the Terms if such failure, error or delay results from causes that are beyond our reasonable control (including, but not limited to inclement weather, fire, flood, acts of war or terrorism, and earthquakes).

GOVERNING LAW/ENFORCEABILITY
The Terms and your account will be governed by and interpreted in accordance with the laws of the Province of Ontario, together with the federal laws of Canada if applicable therein, without regard to its conflicts of laws principles. If any provision of the Terms is determined to be void or unenforceable under any applicable law, rule or regulation, all other provisions of the Terms will remain enforceable. Our failure to exercise any of our rights under the Terms will not be deemed to waive our rights to exercise such rights in the future. The Terms is a final expression of the agreement between you and us and these terms may not be contradicted by evidence of any alleged prior oral agreement or of an alleged contemporaneous oral agreement between you and us.

CONSENT TO RECEIVE MARKETING EMAILS
You agree to receive periodic commercial/promotional communications from us electronically, including email to any email addresses you provide to us, to the extent permissible by law including, without limitation, information and offers from us and our trusted partners, or for such other purposes as we deem appropriate and as permissible by law. You may opt-out of receiving such promotional communications at any time by following the unsubscribe instructions contained in such communication. This opt-out will not apply to operational or informational emails related to your account. You may continue to receive promotional email messages for a short period while we process your request.

ACCESS RESTRICTION AND TERMINATION
Access and use of the Services is expressly conditioned on your compliance with all relevant laws, regulations, contract obligations, and the Terms. MDG may restrict, suspend, or terminate your access to all or any part of the Services at any time and for any reason in its sole and complete discretion. MDG reserves the right to exercise whatever means it deems necessary to prevent unauthorized access to Services. If MDG terminates your account, you will not create another account without our permission. MDG may, in its sole discretion, terminate your account or your use of the Services at any time. You are personally liable for any orders that you place or charges that you incur prior to termination. MDG may change, suspend or discontinue all or any aspects of any Services at any time without prior notice.

The Terms will apply until your account has been terminated. You may terminate your account at any time, subject to any restrictions regarding termination of your account related to the Services or any products you have agreed to, by providing us written notice at [email protected].

ASSIGNMENT
These terms, and any rights and licenses granted hereunder, may not be transferred, or assigned by you, but may be assigned by MDG without restriction or limitations.

MISCELLANEOUS
Any provision in the Terms that by its nature should survive the termination of your license to access the Services or any termination of the Terms (including, without limitation, provisions governing arbitration, indemnification, limitations on liability, disclaimers of warranty, and ownership of intellectual property) will continue to remain in full force and effect after any termination. Waivers must be in writing and no waivers will be implied. No waiver of any term of the Terms shall be deemed a further or continuing waiver of such term or any other term, and MDG failure to assert any right or provision under the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is held by an arbitrator or court of competent jurisdiction to be unenforceable for any reason, the remaining provisions will remain unaffected and in full force and effect. Headings are for convenience only and the term “including” (and similar terms) will be construed without limitation.

NO THIRD-PARTY BENEFICIARIES
This agreement is between you and MDG. No user has any rights to force MDG to enforce any rights it may have against you or any other user.

CHANGES TO THESE TERMS
You agree that MDG may, at its sole discretion, modify the Terms at any time without notice by adding new Terms or amending existing Terms. Such modifications will be effective as of the date that the updated Terms are posted on the Services (“Effective Date”). By registering for, accessing, or using the Services after the Effective Date you agree to the modifications and to the Terms as modified. If you do not accept the modifications, your sole remedy is to cease all use of the Services.