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OVERVIEW

This website is operated by BC MEDEQUIP Home Health Care. Ltd. Throughout the site, the terms “BC MEDEQUIP”, “we”, “us” and “our” refer to BC MEDEQUIP Home Health Care Ltd. BC MEDEQUIP Home Health Care Ltd. offers this website, including all information, tools and services available from this site to you, the user and Customer, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. Archived versions of the Terms of Service are available upon request. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Woocommerce by Wordpress. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Wordpress’s terms of service can be found here: https://wordpress.com/tos/

SECTION 1 – INTERPRETATION AND DEFINITIONS

1.1 Unless otherwise defined elsewhere in these Terms of Service, the following terms shall have the meaning assigned to them in this Section 1:

a) “Affiliate” means with respect to either Party, such Party and any other entity that, directly or indirectly through one or more intermediaries, Controls, is Controlled by, or is under common Control with, that Party. “Control” for purposes of this definition means the power to direct or cause the direction of the management and policies of an entity, whether through ownership of more than 50% of the equity or voting rights in such entity.

b) “Confidential Information” means all such information, material and data of the disclosing Party which: (i) is labeled or designated in writing as confidential or proprietary, (ii) the receiving Party is advised is proprietary or confidential, or (iii) in view of the nature of such information and/or the circumstances of its disclosure, the receiving Party knows or reasonably should know is confidential or proprietary relating to either party or such party’s Affiliates, and shall include the following information: financial data, plans, forecasts, intellectual property, methodologies, algorithms, agreements, market intelligence, technical concepts, customer information, strategic analyses and publications.

c) “Customer Data” means any information that is held, used, or provided to us by the Customer in the course of Customer’s use of the Products and Services, including any information derived from such information.

d) “Intellectual Property Rights” means all intellectual property rights of any nature whether registered, registrable or otherwise, including patents, trademarks, registered designs and domain names, applications for any of the foregoing, trade or business names, goodwill, copyright and rights in the nature of copyright, design rights, rights in databases, moral rights, know-how, show how and any other intellectual property rights in the Products and Services, workflow processes, user interface, designs, and other technologies.

e) “Order” means any ordering document, online order, or accepted quote for the delivery of BC MEDEQUIP Products and Services.

f) “Party” means each of BC MEDEQUIP and the Customer, and “Parties” means both of them together.

g) “Products and Services” means the products and services that are ordered by the Customer under an Order.

1.2 In the event of any conflict or inconsistency between any of the provisions of these Terms of Service and any of the schedules, or other related documents, the provisions of the schedules shall take precedence first, followed by the provisions of these Terms of Service.

1.3 The headings used in those Terms of Service are included for convenience only and will not limit or otherwise affect these Terms of Service.

SECTION 2 – MINORS AND GENERAL TERMS OF USE

2.1 By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

2.2 You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Products and Services, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Products and Services.

SECTION 3 – PRODUCTS AND SERVICES

3.1 All descriptions of Products and Services or pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any Products or Services at any time. We reserve the right to limit the quantities of any Products and Services that we offer. Some Products and Services may be available exclusively online through the website and may have limited quantities and are subject to return or exchange only according to our Return Policy.

3.2 We do not warrant that the quality of any of our Products and Services, any information, or other material purchased or obtained by you will meet your expectations or are fit for your intended purpose.

3.3 We reserve the right, but are not obligated, to limit the sales of our Products and Services to any person, geographic region or jurisdiction. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We may exercise this right on a case-by-case basis. Any offer for any Products or Services made on our website is void where prohibited.

3.4 We have made every effort to display as accurately as possible the colors and images of our Products and Services that appear on our website. We cannot guarantee that your computer monitor’s display of any color will be accurate.

SECTION 4 – GENERAL CONDITIONS OF THE ORDERS

4.1 We reserve the right to refuse our Products and Services to anyone for any reason at any time.

4.2 The price for any of the Products and Services is set out in the applicable Order, and you confirm with your purchase that you will make timely payment of any amounts owing. Overdue amounts will be subject to the interest set out on the Order.

4.3 You understand and acknowledge that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

4.4 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Products and Services, use of the Products and Services, or access to the Products and Services or any contact on the website through which the service is provided, without express written permission by us.

SECTION 5 – CANCELLATION OF ORDERS

In the event that we make a change to or cancel an Order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the Order was made.

SECTION 6 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

6.1 You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your Order and contact you as needed.

6.2 We are not responsible if information made available on this website is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

6.3 This website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our website.

SECTION 7 – OPTIONAL TOOLS

7.1 We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

7.2 Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

7.3 We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service in the then current version.

SECTION 8 – THIRD-PARTY LINKS

8.1 Certain content, certain Products and Services available may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

8.2 We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products must be directed to the third-party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

9.1 If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

9.2 We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

9.3 You acknowledge and agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further acknowledge and agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Products and Services or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy at https://bcmedequip.com/privacy-policy/.

SECTION 11 – INTELLECTUAL PROPERTY

Except as expressly provided in these Terms of Service, nothing in these Terms of Service grants any rights, titles or interests in any Intellectual Property Rights of either Party and each Party will remain the exclusive owner of its own Intellectual Property.

SECTION 12 – CONFIDENTIALITY

12.1 The Parties may exchange Confidential Information in the course of negotiation for the procurement and the use of the Products and Services. Each Party shall keep confidential and shall not use or disclose any Confidential Information of the other Party to anyone, other than the Party’s officers, directors, employees or representatives who: (a) have a “need to know”; and (b) have been advised of the confidential and proprietary nature of the Confidential Information. The confidentiality obligations herein shall not apply to any such information (a) which is or becomes publicly known without any fault of or participation by the receiving Party, (b) was in the receiving Party’s possession prior to the time it was received from the disclosing Party or came into the receiving Party’s possession thereafter, but only if in each case it is lawfully obtained from a source other than the disclosing Party and not subject to any obligation of confidentiality or restriction on use, (c) is required to be disclosed by judicial, arbitral or governmental order or process or operation of law, in which event the receiving Party shall notify the disclosing Party of the requirement of disclosure before making such disclosure, if allowed by applicable law, and shall comply with any protective order or other limitation on disclosure obtained by the disclosing Party; or (d) is independently developed by the receiving Party by persons not having exposure to disclosing Party’s Confidential Information.

12.2 The receiving Party will protect all Confidential Information by using the same degree of care regarding the Confidential Information that the receiving Party would exercise regarding its own confidential information, but not less than reasonable care. Confidential Information shall remain the exclusive property of the disclosing Party and no patent, copyright, trademark or other proprietary right is licensed, granted or otherwise transferred by this section or any disclosure of Confidential Information to the receiving Party.

12.3 Each Party acknowledges that its breach of this section will irreparably harm the other party, and that such harm will not be susceptible to accurate measurement for the purpose of calculating money damages. Accordingly, the non-breaching Party, in addition to seeking and recovering money damages and other remedies available at law, will have the right to obtain an injunction or other equitable relief to prevent a breach or threatened breach, without the necessity of posting a bond or other security.

12.4 Subject to the other terms and conditions in these Terms of Service, upon termination of these Terms of Service for any reason, each party shall return to the other Party or destroy all copies of the Confidential Information disclosed to it by the other Party. The receiving Party may retain any Confidential Information that (a) it is required to keep for compliance purposes under a document retention policy or as required by a court or regulatory agency or by applicable law, rules, regulations or professional standards; or (b) have been created electronically pursuant to automatic or ordinary course archiving, back-up, security or disaster recovery systems or procedures.

12.5 Subject to your limited marketing consent set out in Section 12.6 below, neither Party shall make any public announcement concerning these Terms of Service without the prior written consent of the other Party, except as may be required by any Applicable Law, any governmental or regulatory authority or any court of competent jurisdiction.

12.6 You hereby consent to the public announcement (the “Announcement”) of you becoming a welcomed Customer of BC MEDEQUIP. Solely for purposes of such Announcement, we may use your name, brand, logo and/or trademarks (the “Customer Name and Marks”), and you specifically agree that the Announcement may be made through the use of any and all forms of media, including without limitation, social media websites, podcast platforms, webinars, our websites and any other form of media.

12.7 The obligation to protect the Confidential Information of the disclosing Party arises as soon as the disclosing Party has revealed Confidential Information to the receiving party, and it shall remain in place for the duration of these Terms of Service and any Order issued hereunder plus five (5) years after the termination of these Terms of Service or Order.

12.8 Notwithstanding the provisions of this Section 12, your comments will not be considered Confidential Information, and we will have the unrestricted right to use, profit from, disclose, publish or otherwise exploit any comments without any compensation. You will further have no intellectual property rights or any interest in any developments arising from any comments.

SECTION 13 – ERRORS, INACCURACIES AND OMISSIONS

13.1 Occasionally there may be information on our site or in the Products and Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Products and Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

13.2 We undertake no obligation to update, amend or clarify information in the Products and Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Products and Services or on any related website, should be taken to indicate that all information in the Products and Services or on any related website has been modified or updated.

SECTION 14 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our Intellectual Property Rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 15 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

15.1 We will devote such resources, time and attention as may be necessary for the proper exercise of our duties under those Terms of Service and for the proper performance of our Products and Services described herein or in any Order. We will act in a professional manner and with all due skill, care and knowledge in connection therewith (but not less than the degree of skill, care and knowledge as would be exercised by a prudent provider of services similar to those described herein).

15.2 You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

15.3 You expressly agree that your use of, or inability to use, the Products and Services is at your sole risk. The Products and Services delivered to you are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including but not limited to all implied warranties or conditions of access to the Products and Services being uninterrupted, timely, error free or entirely secure, merchantability, merchantable quality, fitness for a particular purpose, satisfactory quality, durability, title, and non-infringement or those arising from statute or usage of trade.

15.4 Nothing in these Terms of Service excludes or limits BC MEDEQUIP’s or your liability for:

a) death or personal injury caused by its negligence;
b) fraud or fraudulent misrepresentation;
c) gross negligence or willful misconduct; or
d) any other liability which cannot lawfully be excluded or limited.

15.5 In no case shall BC MEDEQUIP, our directors, officers, employees, Affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, exemplary or punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, damage caused by errors or omissions in any information or instruction, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the Products and Services, or for any other claim related in any way to your use of the Products and Services, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Products and Services or any content (or product) posted, transmitted, or otherwise made available, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

15.6 BC MEDEQUIP’s total aggregate liability arising out of or related to these Terms of Service, whether in contract or tort or under any other theory of liability (including negligence or breach of statutory duty), misrepresentation (whether innocent tor negligent, restitution, infringement of intellectual property rights or otherwise, arising in connection with the performance or contemplated performance of these Terms of Service shall be limited to the price payable for Products and Services during the twelve (12) months preceding the date on which the claim arose.

SECTION 16 – INDEMNIFICATION

16.1 BC MEDEQUIP will defend, indemnify and hold harmless you, the customer, its employees, officers, directors, affiliates, agents, contractors, successors, and assigns against any and all third party claims (including damages, recoveries, deficiencies, interest, penalties and legal fees), directly arising from or in connection with: (a) all or any portion of the Products and Services infringing, violating, or misappropriating the Intellectual Property Rights of any third party; (B) BE MEDEQUIP’s breach of any of our representations or warranties under these Terms of Service; or (C) BC MEDEQUIP’s use of or misuse of the Customer Data, provided that this indemnification shall not extend to any indirect, consequential, economic, or business losses or indirect, special, incidental, consequential, exemplary, or punitive damages. We will pay any final judgment rendered by a court of competent jurisdiction, or settlement agreed to in writing by us, with respect to such claim. These obligations are contingent upon you promptly notifying us in writing of any claims or threatened claims, BC MEDEQUIP having sole control over the defense and all negotiations for settlement of any such claim, and you giving all reasonable assistance to us in the defense and settlement of the claim.

16.2 If the Products and Services become, or in our opinion are likely to become, the subject of an infringement claim, we may, at our option and sole discretion: (A) obtain a license for you to continue to use the Products and Services as provided in these Terms of Service; (B) replace or modify the Products and Services so that they no longer infringe on any third party rights; or (C) if we determine that neither of the foregoing options are reasonably available, we may require that you cease use of the Products and Services and we will refund a prorated portion of the applicable fees paid.

16.3 Our obligations under this Section do not apply to any claims (including damages, recoveries, deficiencies, interest, penalties and legal fees) arising from or in connection with any of the following (the “Excluded Claims”): (A) the combination of the Products and Services with any other software, products, equipment, components, process, or material in a manner not authorized by us; (B) use of the Products and Services in a manner not permitted by or in breach of these Terms of Service; (C) failure to use replacement or modified services that provides substantially similar functionality to the original Products and Services if the replacement or modified services would have rendered the Products and Services non-infringing; and (D) BC MEDEQUIP’s compliance with instructions, specifications, or requirements. No indemnification for any third party products supplied by us is provided under these Terms of Service, unless and to the extent such indemnification is provided to you under the terms and conditions of BC MEDEQUIP’s agreement with the licensor of any such third party product.

16.4 You will defend, indemnify and hold harmless BC MEDEQUIP, its employees, officers, directors, Affiliates, agents, contractors, successors, and assigns against any and all third party claims (including damages, recoveries, deficiencies, interest, penalties and legal fees), directly or indirectly arising from or in connection with: (i) the Customer Data; (ii) your breach of any of your representations or warranties, or obligations under these Terms of Service; or (iii) any Excluded Claim. You will fully cooperate with us in the defense of any claim defended by you pursuant to its indemnification obligations under these Terms of Service and will not settle any such claim without our prior written consent.

SECTION 17 – TERMINATION

17.1 These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Products and Services, or when you cease using our site.

17.2 If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Products and Services (or any part thereof).The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

SECTION 18 – FORCE MAJEURE

18.1 “Force Majeure” shall include but is not limited to events that delay the performance of either Party’s obligations under these Terms of Service or prevent a Party from carrying on its business on account of failures of the internet or any public telecommunications network, failures of the hosting provider, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party, changes to the law, disasters, pandemics, explosions, fires, floods, riots, terrorist attacks and wars), as well as a significant change in the car industry that directly affects the provision of the Products and Services, but excluding general economic conditions or other general market effects.

18.2 If an event of Force Majeure occurs, the Parties shall immediately consult with each other to discuss the timeline of the performance of their respective obligations. If the consequences of Force Majeure continue for a period of more than thirty (30) days either Party may terminate these Terms of Service.

18.3 Upon completion of the event of Force Majeure, the Party affected must, as soon as reasonably practicable, recommence the performance of its obligations under these Terms of Service. Where the Party affected is BC MEDEQUIP, we must provide a revised schedule and timing estimate to minimise the effects of the prevention or delay caused by the event of Force Majeure.

18.4 An event of Force Majeure does not relieve a Party from liability for an obligation that arose before the occurrence of that event, nor does that event affect the obligation to pay money in a timely manner which matured prior to the occurrence of that event.

SECTION 19 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 20 – ENTIRE AGREEMENT

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Products and Services constitutes the entire agreement and understanding between you and us and govern your use of the Products and Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

SECTION 21 – NO WAIVER

The failure or delay of either Party to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision or remedy. A waiver of any rights under these Terms of Service is only effective if it is in writing and it applies only to the Party to whom the waiver is addressed and to the circumstance for which it is given.

SECTION 22 – GOVERNING LAW AND JURISDICTION

These Terms of Service are governed by the laws of British Columbia and the federal laws of Canada applicable therein. Any dispute arising out of or in connection with these Terms of Service, including any question regarding its existence, validity or termination, which cannot be solved amicably amongst the Parties, shall be referred to and finally resolved by a single arbitrator under the Rules of the ADR Institute of British Columbia; the hearing shall be held in British Columbia, Canada..

SECTION 23 – TIME OF THE ESSENCE

Time is of the essence in these Terms of Service.

SECTION 24 – NOTICES

Any notices, reports or other communications required under these Terms of Service shall be in writing and shall be sufficient if delivered by hand, courier, mail, or email addressed to

265 SCHOOLHOUSE ST. COQUITLAM, BC V3K 4Y1 marketing@bcmedequip.com

or to such other address as the Party shall advise the other Party in writing. Any such notices, reports or other communications shall be deemed to have been received by the Party(s) to whom they were addressed upon delivery by hand, mail, courier, or email, when received.

SECTION 25 – NO ASSIGNMENT WITHOUT PRIOR CONSENT

A Party will not, without the prior written consent from the other Party, assign, encumber, subcontract or transfer in any other manner all or any of its rights or obligations under these Terms of Service. Prior to any purported assignment, 30 days’ notice of such assignment must be provided to the other Party. Notwithstanding the foregoing, these Terms of Service, and the rights, benefits, and obligations arising hereunder may be assigned, in whole or in part, by BC MEDEQUIP to an Affiliate of BC MEDEQUIP.

SECTION 26 – SURVIVAL OF SECTIONS

Sections 10, 11, 12, 15 and 16 of these Terms of Service, together with those terms which by their nature survive termination, shall survive termination of these Terms of Service.

SECTION 27 – RELATIONSHIP BETWEEN THE PARTIES

These Terms of Service are not intended to and shall not create a partnership between the you and us or authorize either Party to act as an agent for the other and neither Party shall have the authority to in the name or on behalf of or otherwise bind the other in any way.

SECTION 28 – CHANGES TO TERMS OF SERVICE

28.1 You can review the most current version of the Terms of Service at any time at this page.

28.2 We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 29 – CONTACT INFORMATION

You can send us questions about the Terms of Service at service@bcmedequip.com.

Updated: May 12, 2025