TERMS AND CONDITIONS REGARDING USE OF SITE
JANUARY 14, 2019
Answell Marketing operates the captodor.com site (“site”). The use of the site is governed by the present terms and conditions for use and sales and thereby formulates the contract described hereunder (terms and conditions) between you and Answell Marketing. These terms and conditions can be modified at any time by Answell Marketing.
PLEASE READ THIS CONTRACT ON THE TERMS AND CONDITIONS ATTENTIVELY, BEFORE USING THE SITE AND/OR ORDERING A PRODUCT.
When using the site or ordering a product online, you acknowledge having understood and accepted all the terms and conditions of use. If you do not wish to be bonded by these terms and conditions, you cannot use the site nor order products online.
Answell Marketing reserves the right to modify the terms and conditions at any time, effective immediately upon posting them online, without any further responsibility. Before a modification comes into effect, we will post the change online and indicate its application date. You should reread the terms and conditions of use each time you use the site or make an order. If no longer accept the terms and conditions, you should immediately cease to access or use the site.
1.1 OPERATING CENTRE OF THE SITE.
Answell Marketing operates the site from its offices situated in Canada. Answell Marketing does not claim that some of the site’s content may be used in other areas other than Canada and it is forbidden to access the site from territories where legislation stipulates that its content or use are prohibited. Those who choose to use the site do so on their own initiative and they must conform to all applicable local laws.
1.2 MODIFICATION OF SITE.
Answell Marketing can terminate, change, suspend or discontinue any aspect of the site including the availability of any operating feature, at any time, without notice or ensuing responsibility. Answell Marketing can also (i) add, withdraw, modify or otherwise change any content on the site or available through the site, or (ii) can impose limits concerning certain features or services, or restrict your access to some or all parts of the site without notice.
1.3 RESTRICTIONS PERTAINING TO SITE USE.
You may only use the site if you adhere to these conditions. Except for specific or contra-indications, no content in the site can be copied, reproduced, distributed, published, translated, downloaded, posted or transmitted in any way, without prior written permission from Answell Marketing. You are permitted to post or download content but solely for non-commercial purposes and provided that you do not modify the content and that you conserve all intellectual property notices it contains.
1.4 TRADEMARKS AND INTELLECTUAL PROPERTY.
The displays on the site or about the products does not, directly or indirectly, grant you a license, right, title or stake on the trademarks or any other intellectual property, and furthermore, the trademarks and other intellectual property remains the exclusive ownership of Answell Marketing or its partners at all times.
The names, words, titles, phrases, logos, pictures, graphics icons and trademarks (collectively “trademarks”) used or displayed on the site, on products or on any item included in or with the products, may represent trademarks or other intellectual property, registered or not, and owned by Answell Marketing, by affiliated companies or third parties.
All content displayed on the site and on products including the entire collection of photographs, illustrations, designs, trademarks, images and text (collectively known as the “content”) is the exclusive property of Answell Marketing, of its affiliates or third parties and is protected by Canadian and/or international Copyright laws. We grant you a limited licence for consulting purposes, for your own personal use only, on condition that you protect all credits and notices regarding copyright and exclusive property. Except for clauses contrary to the terms and conditions of use, you may not use the site except the specific purposes and conditions stipulated on the site.
1.4.3 INTERDICTION/ PROHIBITION.
It is forbidden to copy, reproduce, use, distribute or transmit, in whole or in part, the trademarks, content or any other intellection property displayed on the site.
1.5 LINKS TO OTHER SITES.
The site contains links to sites operated by other companies. By clicking on these links, you will leave the captodor.com site. Answell Marketing has not developed, verified the precision nor reviewed the data contained on these sites. Answell Marketing does not control the operation of these sites and the fact that they are listed on the site captodor.com and Answell Marketing, does not accept responsibility for their content, products/services provided, or all damages or loses which may ensue.
1.6 INFORMATION TRANSMITTED BY THE USERS.
You acknowledge that all elements, information and opinions (collectively the “information”) transmitted to Answell Marketing by any means whatsoever, are and will be yielded to Answell Marketing, thus becoming its sole and exclusive property and that you renounce to any claim upon this information. Answell Marketing may, without compensation, use, reproduce, publish, license, distribute, disclose and transmit by any means whatsoever, and to whomever, the information that you have transmitted to the site. You are prohibited from transmitting to Answell Marketing illegal, libelous, or obscene information or any content contrary to any applicable law. By transmitting information to Answell Marketing, you guarantee that you own all rights, including to intellectual property. You assume responsibility and accept to compensate, protect and maintain unharmed Answell Marketing, its affiliates, and respective directors, administrators, shareholders, agents, representatives and employees against any responsibility, obligation, losses, damages, penalties, claims, legal actions and proceedings, costs, expenses and expenditures (including judicial and honorary fees) in relation to or resulting from your use of the site as well as the information that you have transmitted. Answell Marketing can omit to publish or withdraw any content that you have transmitted.
1.7 DATA COLLECTED BY AUTOMATIC MEANS.
Many technologies may be used on our Web site in order to make it more user-friendly, efficient and reliable. These technological tools may consist of automatic data collection by ourselves or by third parties in our name.
Generally, this data does not include the personal information of the user. These technologies, however, do include Adobe Flash and cyber metric software (e software).
1.7.1 NAVIGATION DATA.
A visit on our Web site drives the transmission of data from your browser to our server. This data is automatically collected and stocked by ourselves or by third parties in our name. This data may include, in particular:
The visitor’s IP address
The date and time of the visit
The URL locator (the global address) the pages visited on our Web site, information on the search engine used (type and version, operating systems, etc.)
Cookies can be used in several areas on this site. Generally speaking, they are small text files stocked on the hard disk of your computer or your mobile device by your search engine. The cookies help us make our Web site user-friendly, more efficient and reliable. The cookies we use are generally “session cookies” which are automatically destroyed at the end of the visit of the Web site in question. By default, the search engines allow cookie use but this function can be disabled. However, certain services would risk not being available. It is also possible to manually delete the cookies after use by using the search engine. Answell Marketing is unaware of any cases where cookies would have damaged a computer or a mobile device, or driven viral infections.
The following links offer information on the most popular search engines:
Internet Explorer: http://support.microsoft.com/gp/cookies/en
Mozilla Firefox : http://support.mozilla.com/en-US/kb/Cookies
1.7.3 INVISIBLE PIXELS AND TRACKING LINKS.
Invisible pixels or Web Bugs (also called GIF, Graphics Interchange Format) consist of graphic symbols that the user cannot see. The Tracking links or other similar technologies consist of a few instruction code lines and can be incorporated in our Web site or our mobile application. The cookies are particularly used for statistical analysis. This technology can also be used to track user traffic patterns on Web sites or verify if an email has been received or opened, or if an answer has been given.
1.7.4 CYBER METRICS.
The expression “cyber metrics” designates a collection and evaluation method of monitoring visitor behavior on Web sites and mobile applications. It consists of tracking user traffic patterns in order to determine the frequency of visits to certain parts of a Web site or mobile application or to find out what information and services are of priority to our visitors. In order to accomplish this, we use navigation data and other methods described below. The cyber metric data are managed by Google Analytics or others. You will find detailed information on cyber metric data processing on Google Analytics below.
1.7.5 CYBER METRIC DATA PROCESSING BY GOOGLE ANALYTICS.
The cyber metric services used by this Web site and our mobile applications are provided by Google Analytics (www.google.com/analytics). When you visit our Web site, a cookie generated by Google Analytics is placed on your computer or mobile device, unless your browser does not authorize their use (see 2.1.2 below).
Furthermore, when you use this Web site, the cyber metric data described in chapter 1 – including “navigation data”, the data provided by “invisible pixels and tracking links”, as well as information registered in Google Analytics cookies – will be forwarded to Google Analytics which will then analyze them for Answell Marketing.
Google Analytics acts as an agent for Answell Marketing, which means that we only determine the purposes for which the data are utilized and that Google Analytics cannot disclose this information to third parties (unless obligated by law or judicial decision).
As regards the respect of privacy, Google Analytics is only in charge of data processing. You will find detailed information on the relationship between Answell Marketing and Google Analytics in their Policy on Confidentiality under “Rules of confidentiality” at the following address: http://www.google.com/intl/fr/policies/privacy/.
If you do not wish that the information on your consultations on THIS Web site be collected and evaluated by Google Analytics, you can opt out. This means that Google Analytics will make the collected information anonymous (but will continue to collect it) or will stop collecting the information on your visits, depending on the type of objection chosen. But your opposition obliges you to accept that a cookie be placed on your computer by Google Analytics. You can express your objection by clicking on the link provided on the section of the Google Analytics Web site which contains the confidentiality policy.
1.7.6 ONLINE ADVERTISING RETARGETING TECHNOLOGY.
This Web site uses online advertising retargeting technology. Therefore, visitors already interested in our services can also view our advertising on partner Web sites. We believe that displaying personalized advertising is more effective than using advertising which does not directly interest the intended target.
We also work with companies who use follow-up technology. These companies provide online advertising in our name. It is possible that these companies collect non-personal information when you visit our Web site and interact with our communications, and in particular, advertising. The advertising retargeting technology analyzes your cookies and then displays advertisements based on your online browsing habits. For detailed information on cookies, please consult section 1 of this Confidentiality Policy.
This technology does not record any of your personal information. Moreover, the use of our advertising retargeting technology conforms to current legal requirements regarding the protection of privacy.
You can disable Google cookies by accessing the Network Advertising Initiative. You can also disable third-party cookies through the disabling page on Network Advertising Initiative or by using the DoubleClick disabling page.
2. GENERAL COMMENTS
2.1 CANCELLATION OR CHANGES.
Answell Marketing can advise you at any time, within reasonable prior notice, of the cancellation or changes to this policy.
The site and its content are provided as such, without any legal representation, warranty or condition, implicit or explicit. Except for any contrary applicable law, Answell Marketing declines all responsibility and offers no legal representation, guarantee or condition, in particular product warranties of quality, durability, value, specific use or absence of counterfeit. Furthermore, Answell Marketing does not provide any legal representation, guarantee or terms relative to (i) use, validity, precision, or reliability of the content shown on its site or concerning the consequences of use of such elements or (ii) pertaining to the fact that the site and its content is offered without interruption or that they be error-free (even if Answell Marketing does everything in its power to avoid any errors), that the error or mistakes on the site will be corrected or that the site or the server hosting our site does not contain any virus.
2.3 CONSUMER RIGHT.
The preceding terms cannot limit whatever rights you may have as a consumer under the rules of whatever public law (including consumer protection laws) that may apply to you.
2.4 EXCEPTIONAL CIRCUMSTANCES.
Answell Marketing will not assume responsibility for the non-compliance, in whole or in part, of whatever obligation towards you, nor for damages or losses that you may suffer, if the non-compliance, damages or losses are the result of exceptional or unforeseeable circumstances.
2.5 APPLICABLE LAW AND REGIONAL JURISDICTION.
The clauses and conditions are governed in all regards by the laws applicable in the Province of Quebec, Canada and any claims relative to the site, its content or use is regulated by the laws of the Province of Quebec, Canada. The application of any regulation of private international law or in matters of legal conflict resulting in the application of one or the other law, as well as the United Nations Convention on Contracts for the International Sale of Goods is duly excluded.
These clauses and conditions govern the relationship between vendor and client, between Answell Marketing and you. If one of these regulations contained in these clauses and conditions or its application is declared invalid by a judicial decision under any statute, rule of law, law or regulation, the aforementioned clause will be considered excluded from the present conditions of use without any other effect other than its deletion.