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Terms of use for online services

Conditions to use our website and other online services

Date last modified: April 24, 2019

Here are the Terms of use of for online services. Click here to view those specific to the use of Client Space.

Do you need to read this?

Probably! These Terms of use for online services apply to you if you use our online services. For example, if:

By using our online services, you agree to follow BDC's Terms of use for online services.

1. About our online services

1.1 What are our online services?

Our online services include:

  • Our website bdc.ca
  • Applying for a loan through our website
  • Your Client Space
  • BDC Mobile App
  • Sending emails
  • Any other online services we may offer

1.2 We provide information, not advice

On our website and mobile application, we provide information—not advice tailored to your reality—unless we specifically say otherwise. You should not rely on this information without seeking advice from professionals.

1.3 We do our best to provide useful information

We do our best to provide useful information on our website and mobile application. However, we cannot guarantee that the information you have access to is complete, accurate, up-to-date or otherwise reliable for any particular purpose.

We monitor our website and mobile application. In case of problems with its content, we may intervene to correct the problem, but we do not guarantee that we will.

1.4 Information may be removed and our services may become unavailable at any time

We do not guarantee that information on our website or mobile application or that our online services will always remain available. You may possibly experience occasional interruptions or delays.

1.5 Our products and services are only offered in Canada

Even though you may access our website or mobile application from anywhere in the world, we only offer our products and services in Canada.

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2. Your obligations

2.1 You must take appropriate security measures

If you wish to contact us, do not use your email to send us confidential information. Already a BDC client? Use your Client Space to send us confidential information.

2.2 You must respect our intellectual property rights

2.2.1 We own everything on our website or mobile application

We own—or are licensed for—all intellectual property rights on our website or mobile application unless we say otherwise. This includes:

  • All works, such as texts, images, illustrations, designs, software, codes, audio and video clips, and any other content
  • Trademarks and trademarks that are licensed to us
2.2.2 You must get our authorization in writing for any public or commercial use

No one has permission to make public or commercial use of any content on our website or mobile application, unless we say otherwise.

You must get our authorization in writing before using any content from our website or mobile application for:

  • Modification
  • Copy
  • Distribution
  • Republication
  • Transmission
  • Storage, whatever the medium
  • Sale
  • Any other public or commercial use

2.3 You must not make an illegal use of our services or any use that could harm us or others

2.3.1 Do not publish content if you’re not sure you have the right to publish it

By publishing on our website, you guarantee that you do not infringe on anyone’s rights, including their intellectual property rights.

2.3.2 Do not publish content that could harm others or constitute a criminal offence

You must not publish content that could harm others or constitute a criminal offence. For example, you must not publish content that could be defamatory.

2.4 You must reimburse us if we face any liability arising out of how you use our online services

You must reimburse us if we face any liability arising out of:

  • Your use of our website, our mobile application or the information, products and services offered on our website or mobile application
  • Your failure to follow our Terms of use for online services
  • Your misrepresentations
  • Your violation of another person’s rights

In any of these cases, you agree to compensate us for any claim, demand, cause of action, liability and costs (including reasonable lawyer fees). We will also conduct our defence and assume control of any matter at your expense. You must cooperate with us in asserting our rights.

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3. Our obligations

3.1 We serve you in the official language of your choice

We follow the Official Languages Act and Treasury Board of Canada Secretariat policies on official languages. We provide information in English and French.

However, we do not have the obligation to link exclusively to external websites where content is available in both official languages.

3.2 We follow our Policy on confidentiality and use of personal and business information

We collect and use your personal information. But we never sell it. To learn what we collect, why, and what your privacy rights are, please read our Policy on confidentiality and use of personal and business information.

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4. Exclusion of our liability

4.1 Exclusion of our liability—We will not compensate you or anyone for any damages arising out of our online services

We will not compensate you or any other person for any damages, claims, costs or losses arising out of our online services.

It does not matter whether the damages are a direct consequence of your use of our website/mobile application or not. We will not compensate you for any damage that is indirect, consequential, special, aggravated, punitive, moral or exemplary, in whole or in part.

You cannot ask us or the following persons or entities to compensate you:

  • Our affiliated companies
  • Our agents, employees, directors and officers
  • Any agency or person associated with the creation of our website or mobile application and its content, including their agents, employees, directors and officers

This is true:

  • Even if we have been negligent
  • Even if we have been advised of the possibility of such damages
  • Regardless of the legal basis of your claim

Sections 4.1.1 to 4.1.6 are examples of cases where we are not liable to you or anyone else.

4.1.1 We are not liable for any use of information on our website or mobile application

We are not liable for any damages linked to anyone using or accessing information on our website or mobile application. As mentioned in section 1.3:

  • We do not guarantee that information on our website or mobile application is complete, accurate, up-to-date or otherwise reliable for any particular purpose
  • Although we monitor our website, we do not guarantee that we will correct any problem, for any reason
4.1.2 We are not liable if content becomes unavailable

We are not liable if any content becomes unavailable at any time. As mentioned in section 1.4:

  • We may remove any information or content from our website or mobile application at any time
  • We cannot guarantee that external content or downloadable software will remain available
4.1.3 We are not liable for linking to external content

We are not liable for any damages in connection with linking to external websites. We do not review or monitor external websites and resources we link to, and we do not endorse the views expressed on those websites. Links to external websites or resources are for your convenience only and you use them at your own risk.

4.1.4 We are not liable for software you download

We are not liable for any damages arising out of your downloading or installing software we link to. Links to software downloads are for your convenience only and you use them at your own risk. It is your responsibility to avoid difficulties, data loss and viruses.

4.1.5 We are not liable if confidential information you send us is intercepted, lost or disclosed

We cannot guarantee that confidential or sensitive information you send us over the Internet will never be intercepted, lost or disclosed. We are not liable if this happens.

4.1.6 We are not liable for interruptions and delays

We cannot guarantee that our online services will always be available. In case of interruptions or delays, we are not liable for any damages. For example, we are not liable if you cannot contact us or if there is an unusual delay for you to get a loan from us.

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5. About these Terms of use

5.1 We can change the Terms of use for online services at any time without notifying you

The Terms of use for online services apply to you upon your first visit. We may update them at any time without notifying you.

If you come back later and we have updated the Terms of use for online services since your last visit, you agree to follow the updated version.

5.2 How to read and interpret the Terms of use for online services

5.2.1 Additional terms apply for specific services

Additional terms for certain products or services may apply to you. For example, for your Client Space, you should also read the Terms of use for your Client Space and BDC Mobile App and any loan agreements you have with us.

5.2.2 The Terms of use for online services remain valid even if a provision is invalid

If a judge decides that any part of the Terms of use for online services is invalid, illegal, void or otherwise unenforceable, all other provisions remain valid.

5.2.3 The laws of Quebec and Canada apply

The laws of Quebec and Canada govern the Terms of use for online services and any additional terms. Neither of us can invoke principles of conflict of laws to argue that other laws should apply.

Terms for specific services, such as loan agreements, may be governed by the laws of the province or territory where you receive the services.

5.2.4 Quebec courts have jurisdiction

We both agree to submit any claim arising out of these Terms of use for online services to the courts of the Province of Quebec. No other court or alternative dispute resolution mechanism has jurisdiction.

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6. How to contact us

Note: The masculine is used without prejudice and only for the sake of readability.

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