Terms & Conditions
January 14, 2019
Answell Marketing operates the captodor.com website (the “Site”). Use of the Site is governed by these Terms and Conditions of Site Use and Sale reproduced below (the “Terms and Conditions”) which constitute a contract between you and Answell Marketing These Terms and Conditions may be modified by Answell Marketing at any time.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITE AND/OR ORDERING A PRODUCT FROM THE SITE.
By using the Site or ordering a product from the Site, you acknowledge that you have read, understand and agree to all of the Terms and Conditions of Use. If you do not wish to be bound by these terms and conditions, you may not use the site or order products through the site.
Answell Marketing reserves the right to modify these Terms and Conditions at any time, effective immediately upon posting on the Site, without liability to you or any other person. Prior to the effective date of any change, we will post the changes on the Site and indicate the updated date. You should review the Terms and Conditions of Use each time you use the Site or make a purchase. If the terms and conditions are no longer acceptable to you, you must immediately stop accessing or using the Site.
1. TERMS OF USE OF THE SITE
1.1 PLACE OF OPERATION OF THE SITE.
Answell Marketing operates the Site from its offices within Canada. Answell Marketing makes no representation that materials in the Site may be used in locations other than Canada and access to the Site from territories where its contents or use are prohibited by law is prohibited. Those who choose to use the site do so on their own initiative and it is their responsibility to comply with all applicable local laws.
1.2 MODIFICATION OF THE SITE.
Answell Marketing may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any functionality, at any time without notice or liability. Answell Marketing may also (i) add, remove, modify or otherwise change any content on or accessible through the Site, or (ii) impose limits on certain features and services or restrict your access to parts or all of the Site, without notice.
1.3 RESTRICTIONS ON USE OF THE SITE.
You may use the Site only in accordance with these Terms. Unless otherwise specifically indicated on the Site, no part of the Site may be copied, reproduced, distributed, published, translated, downloaded, displayed or transmitted in any way without the prior written permission of Answell Marketing. You may display or download material from the Site for non-commercial purposes only, provided you do not modify the material and you retain all proprietary notices contained on the material.
1.4 TRADEMARKS AND INTELLECTUAL PROPERTY.
The display on the Site or on the Products does not grant you, directly or indirectly, any license, right, title or interest in or to any Trademarks or other intellectual property and the Trademarks and other intellectual property shall at all times remain the exclusive property of Answell Marketing or its partners...
1.4.1 TRADEMARKS.
The names, words, titles, phrases, logos, designs, graphics, icons and trademarks (collectively, the “Trademarks”) used or displayed on the Site, on the Products or on any of the materials included in or with the Products, may represent trademarks or other intellectual property, registered or unregistered, of Answell Marketing, its affiliates or third parties.
1.4.2 CONTENT.
All content displayed on the Site, on the Products, including, without limitation, all photographs, illustrations, designs, trademarks, images and text (collectively, the “Content”) is the exclusive property of Answell Marketing, its affiliates or third parties and is protected by Canadian and/or international copyright laws. We grant you a limited license to view the Content for your personal use only, provided that you maintain all copyright and other proprietary notices. Except as expressly provided in the Terms and Conditions of Use, you may not use the Site other than for the specific purposes and under the conditions set forth on the Site.
1.4.3 PROHIBITION.
You may not copy, reproduce, use, distribute or transmit, in whole or in part, any trademarks, content or other intellectual property contained on the Site.
1.5 LINKS TO OTHER SITES.
The Site contains links to websites operated by other companies. By clicking on these links, you leave the captodor.com site. Answell Marketing has not developed, verified the accuracy of, or reviewed any information contained on these sites. Answell Marketing has no control over the operation of these sites and the fact that they are listed on captodor.com does not in any way make Answell Marketing responsible for their content, the products/services provided or any damage or loss they may cause you.
1.6 INFORMATION TRANSMITTED BY USERS.
You acknowledge that all materials, information and opinions (collectively, the “Information”) which you may transmit to Answell Marketing, in any manner whatsoever, are and shall be transferred to and become the sole and exclusive property of Answell Marketing and you waive any and all rights of claim to such Information. Answell Marketing may, without compensation, use, reproduce, publish, license, distribute, disclose and transmit in any manner whatsoever and to any person any information you submit to the Site. You are prohibited from transmitting to Answell Marketing any information that is unlawful, libelous, defamatory, obscene or in violation of any applicable law. By submitting information to Answell Marketing, you warrant that you have all rights thereto, including intellectual property rights. You assume responsibility for and agree to indemnify, protect and hold harmless Answell Marketing, its related companies, and their respective officers, directors, shareholders, agents, representatives and employees from and against any and all liabilities, obligations, losses, damages, penalties, claims, actions, suits, costs, expenses and disbursements (including legal fees and disbursements) arising out of or in connection with your use of the Site and the information you submit. Answell Marketing may omit to publish or remove any material submitted by you.
1.7 DATA COLLECTED BY AUTOMATIC MEANS.
Several technologies may be used on our Web site to make it more user-friendly, efficient and reliable. These technologies may involve the automatic collection of data by us or by third parties on our behalf. In general, this data does not contain any personal information about the user. These technologies include, but are not limited to, Adobe Flash cookies and web metrics.
1.7.1 CLICKSTREAM DATA.
When you visit our website, data is transmitted from your browser to our server. This data is automatically collected and stored by us or by third parties on our behalf. This data may include, in particular :
the visitor's IP address
date and time of visit
the referring URL (the site from which the visitor came) the pages visited on our website information on the browser used (browser type and version, operating system, etc.).
1.7.2 COOKIES.
Cookies may be used in several places on this site. Generally speaking, they are small text files stored on the hard disk of your computer or mobile device by your web browser. Cookies help make our website more user-friendly, efficient and reliable. The cookies we generally use are “session cookies”, which are automatically destroyed at the end of your visit to the Web site in question. By default, browsers allow the use of cookies, but this function can also be deactivated. However, some services may then be unavailable. It is also possible to manually delete cookies after they have been used, using the Web browser. Answell Marketing is not aware of any cases where cookies have damaged a computer or mobile device, or promoted virus infection.
The following links provide specific information on the most common browsers:
Internet Explorer: http://support.microsoft.com/gp/cookies/en
Mozilla Firefox: http://support.mozilla.com/en-US/kb/Cookies
GoogleChrome: http://www.google.com/support/chrome/bin/answer.py?hl=en&answer=95647
Safari: http://support.apple.com/kb/PH5042
Opera: http://www.opera.com/browser/tutorials/security/privacy/
1.7.3 INVISIBLE PIXELS AND TRACKING LINKS.
Web beacons (also known as “pixel tags” and “clear GIFs”) are graphic symbols that cannot be seen by the user. Tracer links or similar technologies consist of a few lines of instructional code and may be embedded in our website or (mobile) application. Along with cookies, they are mainly used for statistical analysis. This technology may also be used to track website traffic patterns, or to check whether an e-mail has been received and opened, and whether a response has been given.
1.7.4 CYBERMETRICS.
The term “e-measurement” refers to a method of collecting and evaluating the behavior of visitors to websites or (mobile) applications. This involves the analysis of traffic patterns in order, for example, to determine the frequency of visits to certain parts of a website or (mobile) application, or to find out which information and services are of most interest to our visitors. To do this, we mainly use clickstream data and the other techniques described above. Web metrics are managed by Google Analytics or other providers. Further information on the processing of web metrics by Google Analytics can be found in the section below.
1.7.5 PROCESSING OF WEB METRICS BY GOOGLE ANALYTICS.
The web metrics services used on this website and our (mobile) applications are provided by Google Analytics (www.google.com/analytics). This means that when you visit our website, a Google Analytics cookie is placed on your computer or mobile device, unless your browser setting does not allow cookies (see 2.1.2 above).
In addition, when you visit this website, the cybermetric data described above in chapter 1 - including “clickstream data”, data provided by “web beacons and tracking links”, as well as information stored in Google Analytics cookies - will be sent to Google Analytics to be analyzed for Answell Marketing.
Google Analytics acts as Answell Marketing's agent, which means that we only determine the purposes for which the data is used and that Google Analytics may not disclose this information to third parties (except as required by law or court order).
In terms of privacy, this means that Google Analytics is a “data controller”. Further information on the relationship between Answell Marketing and Google Analytics can be found in the Google Analytics Privacy Policy at http://www.google.com/intl/fr/policies/privacy/.
If you do not want information about your visits to THIS website to be collected and evaluated by Google Analytics, you can object to this. This means that Google Analytics will either anonymize the information it collects (but will continue to collect it) or stop collecting information about your visit, depending on the type of objection you have chosen. Opting out requires you to accept that a cookie may be placed on your computer by Google Analytics. You can object by clicking on the link provided in the part of the Google Analytics website that contains the privacy policy.
(https://tools.google.com/dlpage/gaoptout).
1.7.6 RETARGETING TECHNOLOGIES.
This website uses retargeting technologies for advertising on the Internet. In this way, our visitors who are already interested in our services can view our advertisements on partner websites. We are convinced that displaying a personalized advertisement is more interesting than an advertisement with no direct interest for the person it targets.
We also work with companies that use tracking technologies. These companies provide advertising on our behalf on the Internet. These companies may collect non-personally identifiable information about your visits to our website and your interaction with all our communications, including advertising. Ad retargeting technologies analyze your cookies and display ads based on your Internet behavior. For more information on cookies, please refer to section 1 of this Privacy Policy.
This technology does not record any of your personal information. In addition, the use of our retargeting technology complies with current applicable privacy requirements.
1.7.6 ADVERTISING RETARGETING TECHNOLOGIES.
This website uses Internet advertising retargeting technologies. This way, our visitors who are already interested in our services can view our advertisements on partner websites. We believe that displaying personalized advertising is more interesting than advertising that is not directly relevant to the person it targets.
We also work with companies that use tracking technologies. These companies deliver advertisements on our behalf across the Internet. These companies may collect non-personally identifiable information about your visits to our website and your interaction with all of our communications, including advertising. Advertising retargeting technologies analyze your cookies and display advertisements based on your Internet behavior. For more information about cookies, please refer to Section 1 of this Privacy Policy.
This technology does not record any of your personal information. In addition, our use of retargeting advertising technology complies with current applicable privacy requirements.
You can opt out of Google’s use of cookies by visiting the Ads Preferences Manager. You can also opt out of a third-party vendor’s use of cookies through the Network Advertising Initiative opt-out page or the DoubleClick opt-out page.
2. GENERAL
2.1 CANCELLATION OR MODIFICATION.
Answell Marketing may provide you with reasonable notice of the cancellation or modification of this policy at any time.
2.2 DISCLAIMER.
The Site and the materials contained therein are provided “as is” without any representation, warranty or condition, either express or implied. Subject to any applicable law to the contrary, Answell Marketing disclaims all liability and makes no representations, warranties or conditions, including warranties of merchantability, durability, merchantable value, fitness for a particular purpose or non-infringement. In addition, Answell Marketing makes no representations, warranties or conditions regarding (i) the use, validity, accuracy or reliability of the materials reproduced on the Site or the results obtained from the use of such materials or (ii) that the Site and its content will be uninterrupted or error-free (although Answell Marketing will use reasonable efforts to ensure that the Site is error-free), that errors/flaws on the Site will be corrected or that the Site or the server that hosts the Site are free of viruses.
2.3 CONSUMER RIGHTS.
The foregoing provisions shall not have the effect of limiting any rights that you may have as a consumer under any public order laws (including consumer protection laws) that may be applicable to you.
2.4 FORCE MAJEURE.
Answell Marketing shall not be liable for the failure, in whole or in part, of any of its obligations to you, nor for any damages or losses that you may suffer, if the failure, damages or losses result from a force majeure event or a circumstance beyond its control.
2.5 APPLICABLE LAW AND TERRITORIAL JURISDICTION.
The terms and conditions are governed in all respects by the laws in force in the Province of Quebec, Canada and any claim relating to the site, its content or its use is governed by the laws applicable in the Province of Quebec, Canada. The application of any rule of private international law or conflict of laws that could lead to the application of another law, as well as the United Nations Convention for the International Sale of Goods is expressly excluded.
2.6 MISCELLANEOUS.
These terms and conditions govern the seller and customer relationship between Answell Marketing and you. If any provision of these terms and conditions or its implementation is declared invalid by a judicial decision under any statute, rule of law, law or regulation, such provision will be deemed excluded from these terms of use without any other effect than its deletion.