Terms and policy

TERMS OF USE

Last update:  October 15, 2012

1. ACCEPTANCE OF TERMS OF USE

IT IS IMPORTANT TO READ ALL CONDITIONS.
Masdel Group Inc. is the owner and administrator of this Website, at www.warmy.ca  OR  www.warmy.us (the " Website ").  When you visit and use the Website, you agree to be bound by the terms set forth therein (the " Terms of Use ").  Should you not accept these conditions, you must not access nor use this Website.  IF YOU ARE NOT AGREEABLE WITH SUCH TERMS, RULES, POLICIES OR PRACTICES OF THE WEBSITE OPERATED BY MASDEL GROUP INC., YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING IT.

The information contained in the Website - including policies and procedures - is designed to govern your use of the Website and, with the exception of this single goal, can at no time constitute a contract with you or a change to any contract that could bind us.  We may remove, modify or add to the content of the Website, including the products or services offered and these Conditions of Use, at any time and without prior notice, unless such prior notice is expressly provided for specific services contained in the Website.  We maintain the Website for potential customers residing in Canada in order to enable them to obtain information about the various products offered by Masdel Group Inc., and only for business or commercial purposes, and to allow users to transmit information to Masdel Group Inc.  If you choose to access the Website from a province or territory of Canada, other than Quebec, certain Terms of Use may not apply to you under the laws applicable to your province or territory.  However, it is your responsibility to ensure that you meet the Terms of Use that are applicable to your case.  MOREOVER, IT IS STRICTLY FORBIDDEN TO CHILDREN AND MINORS TO MAKE ONLINE PURCHASES THROUGH THE WEBSITE.

Products or services mentioned on the Website shall only be available when offered by Masdel Group Inc. and your eligibility for particular products or services shall at all times be subject to our approval or acceptance.  Masdel Group Inc. may revise these Terms of Use at its sole discretion and at any time by simply updating this page.  The use of the Website after such changes are posted, shall constitute acceptance of the revised Terms of Use. 

2. PRIVACY AND SECURITY

We recognize that your personal information - (in the context of these Terms of Use, the " Personal information " is private information that was not made available to the public) - must be kept confidential and safely stored.  Masdel Group Inc. has a formal privacy policy (the  " Privacy Policy ") which applies to personal information collected in connection with the products and services of Masdel Group Inc.  We understand your concern for privacy and have implemented procedures in respect of personal information that may be collected when you register on the Website, especially when performing a purchase online.  Look at the document to know the Privacy Policy.

3. PROPERTY

All that is displayed or otherwise accessible through the Website, including without limitation, the articles, texts, photographs, images, illustrations, logos, trademarks, software and codes (collectively, the " Content ") are protected by Canadian and foreign laws, especially with regard to copyright, and belong to Masdel Group Inc., its licensors or the party accredited as the provider of the Content.  The Website is also protected under the laws of copyright as a collective work and/or compilation pursuant to Canadian and foreign laws.  You must comply with all other notices of copyright, information and restrictions on or in the Content which can be accessed through the Website.  USE, REPRODUCTION, MODIFICATION, PUBLIC PERFORMANCE OR DISPLAY TO PUBLIC, DOWNLOADING OR POSTING ON THE INTERNET, TRANSMISSION, REDISTRIBUTION OR OTHER EXPLOITATION OF THE WEBSITE OR ANY CONTENT, IN WHOLE OR IN PART, EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN, ARE PROHIBITED EXCEPT TO THE EXTENT WHERE YOU PREVIOUSLY OBTAINED THE WRITTEN AND EXPRESS PERMISSION OF MASDEL GROUP INC.  For greater certainty, your use of the Website for shopping and purchasing of products, is not covered by these bans.

4. TRADEMARKS

'Magic Bag', 'Sac Magique' and 'Warmy' are trademarks or registered trademarks of Masdel Group Inc.  Other names, words, titles, phrases, logos, designs, graphics, icons and trademarks displayed on the Website may constitute trademarks, registered or not, of Masdel Group Inc. or of third parties.  While Masdel Group Inc. can use under license certain trademarks of third parties, the display of third parties on the Website does not assume any relationship or license between Masdel Group Inc. and the owner of the trademark in question, or the approval of Masdel Group Inc. of the goods, services or business of the owner of the trademark in question.  Nothing contained on the Website shall be construed to grant you any license or a right of use of any logo, design or trademark of Masdel Group Inc. or of a third party, without the written permission of Masdel Group Inc. or from the owner of a third party's trademark.

5. DISCLAIMER OF WARRANTIES

The Website and the aggregate Content are provided "as are ".  When you access and use the Website, you acknowledge and agree that you do so entirely at your own risk.  Masdel Group Inc. makes no representation or warranty regarding the Website and the Content, including, namely:

i) as to the accuracy, completeness, reliability, or about the appropriateness and opportunity of the Website and/or the Content;

ii) as to the merchantability or fitness for a particular purpose of the Content, including without limitation, of any information, data, software, products or services contained in the Website or available through the Website;

iii) as to the operation of the Website without interruption or error;

iv) as to the correction of defects or errors in the Website;

v) as to the absence of viruses or harmful components on the Website; and

vi) as to the safe transmission or without interception of communications through the Website. 

Without limiting the generality of the foregoing, Masdel Group Inc. makes no warranty as to the description and illustrations of the products offered or advertised on the Website – such descriptions and illustrations are for information purposes only.   INFORMATION RELATING TO THE PRODUCTS AS WELL AS THAT RELATING TO THE PRICES AND AVAILABILITY OF THE PRODUCTS THAT APPEAR ON THE WEBSITE, MAY CHANGE FROM TIME TO TIME, WITHOUT PRIOR NOTICE.  YOU ACKNOWLEDGE THAT MASDEL GROUP INC. IS NOT BOUND BY SUCH INFORMATION AND THAT SUCH CHANGES TO THE INFORMATION CANNOT ENGAGE THE LIABILITY OF MASDEL GROUP INC., ESPECIALLY BECAUSE SOME MODELS OF PRODUCTS MAY NOT BE AVAILABLE FROM TIME TO TIME.

6. LIMITATION OF LIABILITY

Masdel Group Inc. and its officers, directors, employees, agents, licensors and their respective successors and assigns, shall in no event be held liable for any direct, special, indirect or consequential damages of any kind (a " Damage "), including without limitation, from any loss or damage of the nature of - or arising out of - a loss of business, loss of savings, loss of data and/or loss of profits from whatever cause, and whether or not same is based on a contract (including the breach of a fundamental duty) of these Terms of Use, civil liability (including negligence) or otherwise, even if Masdel Group Inc. knew or should have known of the possibility of such damages.  Masdel Group Inc. and its officers, directors, employees, agents, licensors and their respective successors and assigns shall in no case be held liable for any damage arising from Masdel Group Inc.'s default or your failure to protect your password or account information.  If you choose to visit or use a site linked to the Website, or to the Content, the materials, the software, the goods or services from a website linked to the Website, you do so entirely at your own risk.

7. ONLINE REGISTRATION

To use certain features of the Website, you may be asked to register.  You agree

i) to provide true, accurate, current and complete information about yourself, that you shall be prompted to give on a registration form, and

ii) to maintain and update, without delay, the information that you provide, in order to keep it true, accurate, current and complete.  Should Masdel Group Inc. have reasonable grounds to believe that such information is untrue, inaccurate, not current or incomplete, Masdel Group Inc. shall have the right to suspend your right of access and of use of the Website (or any part thereof) or to terminate it.  The use by Masdel Group Inc. of any personally identifiable information that you provide it through the registration process shall be governed by the terms of the Privacy Policy.

8. PASSWORD

To use certain features of the Website, you may also need a username and a password that shall be created at the end of the registration process to the Website.  You shall be responsible for maintaining the confidentiality of your password and your account, and responsible for all activities that shall occur using your password or account.  You agree to notify Masdel Group Inc. immediately of any unauthorized use of your password or account or any other breach of security and ensure that you shall exit from your account at the end of each session.  Masdel Group Inc. shall not be liable for any loss or damage arising from Masdel Group Inc.'s failure or for your omission to protect your password or account information.

9. TERMINATION

Masdel Group Inc. may, at any time and without notice, at its entire discretion and without cause, terminate your right of access and use of the Website (or any part of it).  Masdel Group Inc. may also terminate your right of access and of use of the Website, or any part of it, should you breach any of these Terms of Use.

10. CONDITIONS OF SALE

Such Terms of Use which are not inconsistent with the Conditions of Sale shall be an integral part of such Conditions of Sale.

11. JURISDICTION AND APPLICABLE LAW

Masdel Group Inc. shall maintain and control this Website from its offices in Quebec, Canada.  Unless expressly stated otherwise on the Website, your access to the Website and your use of it shall be governed by - and construed in accordance with - the applicable federal laws of Canada and the laws of the Province of Quebec.  These Terms of Use shall be deemed to have been executed in the Province of Quebec and you hereby consent and irrevocably acknowledge the exclusive jurisdiction of the federal and provincial Courts, sitting in and for the judicial district of Montreal on these issues, and waive any objection based on lack of jurisdiction or for any claim based on the notion of forum non conveniens.  You agree that the provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply.

12. SEVERABILITY

Should any one provision of these Conditions be held invalid or unenforceable, this shall not invalidate or render unenforceable the remaining provisions of the Terms of Use.

13. NO IMPLIED WAIVER

Any consent or waiver by Masdel Group Inc. to or from any express or implied breach on your part, of the present Terms of Use, shall not constitute consent or waiver of any other different or subsequent breach.

14. NOTICES, COMPLAINTS AND COMMUNICATIONS

Notices that are required or permitted to be given under these Terms of Use shall be made in writing and shall be deemed to have been validly given if sent by email or mail, to the following address:         

Customer Service
Masdel Group Inc.
9081 Du Parcours
Montreal (Anjou) Quebec, Canada
H1J 2Y1
Tel.: 514-381-5551 – Fax: 514-353-1503 –  
 info@Masdelinc.com

15. COPYRIGHT

Masdel Group Inc. maintains the Website as a service to the Internet community.  Unless otherwise stated, the copyright of any Content (including design, text, images, graphics processing and layout) of this Website is the property of Masdel Group Inc.  You are permitted to use the Content for your purposes only and provided that:

1. The copyright notice and this limited license appear on all copies containing this material,
    and
2. No changes shall be made to the Content.
Use for any other purpose and changes to the Content shall be expressly prohibited.
NOTICE OF COPYRIGHT: Masdel Group Inc.  All rights reserved.

 

PRIVACY POLICY

 

YOUR PRIVACY : OVERVIEW

This privacy policy (this "Privacy Policy") sets out the privacy policies and practices for Groupe Masdel inc. and its subsidiaries and affiliates (collectively "Groupe Masdel") with respect to how Groupe Masdel collects personal information. It also describes how Groupe Masdel maintains, uses, and discloses personal information.  This Privacy Policy applies to information collected from you by Groupe Masdel via this website and other websites operated or provided by Groupe Masdel, including www.groupemasdel.com, www.groupemasdel.ca, and various subdomains (collectively, the "Sites"); and other places where we may collect personal information.  This Privacy Policy also sets out how you can access certain information that Groupe Masdel may collect about you.  In this Privacy Policy, "personal information" means information or opinion about an individual whose identity is apparent or can be reasonably ascertained from the information or opinion as further defined under applicable privacy laws.

Please note that the Sites may contain links to other third party websites that are not controlled or operated by Groupe Masdel.  This Privacy Policy does not apply to such third party websites, and Groupe Masdel is not responsible for the content of such third party websites or the privacy practices of such third parties.  Therefore Groupe Masdel encourages you to request and review the privacy policies of any third parties upon disclosing your personal information to such parties or when visiting such third party websites.

CONSENT

BY SUBMITTING PERSONAL INFORMATION TO GROUPE MASDEL OR ITS SERVICE PROVIDERS AND AGENTS, YOU AGREE THAT GROUPE MASDEL MAY COLLECT YOUR PERSONAL INFORMATION AND YOU CONSENT TO THE USE, DISCLOSURE AND TRANSFER OF YOUR PERSONAL INFORMATION IN ACCORDANCE WITH THIS PRIVACY POLICY AND AS PERMITTED OR REQUIRED BY LAW.  Subject to legal and contractual requirements, you may refuse or withdraw your consent to certain of the identified purposes at any time by contacting Groupe Masdel at the address provided below.  If you refuse or withdraw your consent, you acknowledge that Groupe Masdel may not be able to provide you or continue to provide you with certain services or information which may be of value to you.

REVISIONS TO THIS PRIVACY POLICY

Groupe Masdel reserves the right, in Groupe Masdel’s discretion, to change, modify, add or remove portions of this Privacy Policy at any time and from time to time, without prior notice to you.  However, Groupe Masdel will treat your continued use of the Sites following such revision as your acceptance of the revised terms.  All revisions will be posted to the Sites and will apply to any personal information collected on or after the date posted.  Groupe Masdel will obtain the necessary consents required under applicable privacy laws if it seeks to collect, use or disclose your personal information for purposes other than those to which consent has been obtained unless otherwise required or permitted by law.

This Privacy Policy was last updated March 29, 2012.

COLLECTION OF YOUR INFORMATION

Groupe Masdel may collect personal information in connection with your use or purchase of Groupe Masdel’s products and services via the Sites, which may include information provided in connection with the following activities:

•    Registering or filling in forms on the Sites.  This includes information you may provide when you request additional information about Groupe Masdel’s products and services
•    Completing a profile or uploading goals to the Sites.
•    Purchasing any product or service from Groupe Masdel via the Sites.
•    Providing design or product feedback or making other submissions to Groupe Masdel.
•    Requesting information or assistance from Groupe Masdel.   Groupe Masdel may also keep a copy of any communications or correspondence you may send to it, including any e-mail communications.
•    Participating or responding to consumer survey or requests for consumer’s opinions, concerns, and preferences regarding Groupe Masdel’s products and services.
•    Using other features of the Sites that may be offered from time to time, and may require such information in order to utilize the feature.

The personal information that Groupe Masdel may collect may include your name, username, password, email address, age, date of birth, gender, address, telephone number, credit card and debit card numbers (with expiration dates), personal preferences, and any other personal information that you choose to include in your profile, your submissions of your goals to Groupe Masdel, or in other communications to Groupe Masdel.  You represent and warrant that you have the right and authority or have obtained all necessary consents to provide any information, including any personal information of another individual, that is provided by you to Groupe Masdel.

Groupe Masdel may also collect information that may not be personal information, which may include, but is not limited to, the frequency of user visits to the Sites, the routes by which users access the Sites and use of any hyperlinks available on the Sites.  Groupe Masdel or its service providers and agents may process and use this aggregate data for various purposes including, but not limited to, analysis of this data for trends and statistics, development of the Sites and the Sites’ features and offerings, assessing patterns of use, or planning and evaluating marketing initiatives.  This information is gathered by certain tools and methods such as the collection of your IP address or the use of cookies and is maintained, used and disclosed in aggregate form unless otherwise noted.

COOKIES

Like many websites, Groupe Masdel utilizes “cookies” to maintain a record of your visit to the Sites.  A cookie is a small text file that is transferred by a web server and stored on the hard drive of your computer.  It can only be read by the server that sent it to you.  This information does not identify you personally and you remain anonymous unless you have otherwise provided Groupe Masdel with personal information.

Cookies help Groupe Masdel to improve the Sites and to deliver more personalized service by enabling Groupe Masdel to estimate audience size and usage patterns; to store information about your preferences; to speed up your searches and to recognize you when you return to the Sites.

Most web browsers automatically accept cookies.  If you would prefer to prevent your computer from accepting Groupe Masdel’s cookies, you may follow your Internet browser’s steps for doing so.  Please note, however, that if you do disable cookies from your browser, you may not be able to access certain sections of the Sites.

IP ADDRESSES

An IP address is a computer's numeric address, by which it can be located within a network.  Groupe Masdel may record your IP address when you visit or use services or features on the Sites.  Groupe Masdel may use your IP address for the purposes noted above, and also to help diagnose problems with Groupe Masdel’s server, or to administer the Sites.  Groupe Masdel may also use your IP address to identify you when Groupe Masdel feels it is necessary to enforce compliance with this Privacy Policy or the Terms of Use, or to protect the Sites, systems, information, employees, service providers, business partners, users, customers and others.

PROTECTION OF YOUR INFORMATION

To prevent unauthorized access or disclosure, maintain data accuracy and facilitate the appropriate use of information, Groupe Masdel uses physical, technological and administrative procedures to protect the personal information that Groupe Masdel collects from loss, unauthorized access, modification, disclosure or other misuse. 

Nevertheless, Internet transmissions are never completely private or secure.  You understand that any messages or information you send to the Sites may be read or intercepted by others.  If you have any questions about the security of personal information collected by Groupe Masdel, please contact: privacyofficer@Groupe Masdel.com.

You should also be aware that certain aspects of the Sites are not confidential and are available for public viewing.  For example, other users of the Sites will be able to view your profile and goals that are publically available.  Any submissions that you may post to any publicly available blogs or other publicly available features of the Sites are not confidential and may be viewed by other users of the Sites.  By making personal information publicly available where the Sites allow you to do so, you consent to such publication by Groupe Masdel or its service providers and agents.  Please refer to the Terms of Use for additional provisions relating to user submissions that may apply to you.

USE OF YOUR PERSONAL INFORMATION

Upon Groupe Masdel’s collection of your personal information, Groupe Masdel may use such personal information internally, separately or in combination with pre-existing information, for the following purposes:

•    To develop, enhance, market, sell or otherwise provide information, products or services;
•    To establish and conduct commercial relationships, including to process purchases or other transactions and to conduct or administer other transactions that you may engage in with Groupe Masdel including through the Sites;
•    To contact you and to respond to any communications that you may have had with us;
•    To troubleshoot problems with the Sites;
•    To customize your experience or homepage on the Sites;
•    To develop and manage Groupe Masdel's business and operations;
•    To enforce Groupe Masdel’s Terms of Use or comply with this Privacy Policy;
•    To detect and protect Groupe Masdel and other third parties against error, negligence, breach of contract, fraud, theft and other illegal activity, and to audit compliance with Groupe Masdel’s policies and contractual obligations;
•    To engage in business transactions, including the purchase, sale, lease, merger, amalgamation or any other type of acquisition, disposal, securitization or financing involving Groupe Masdel;
•    As permitted by, and to comply with, any legal or regulatory requirements or provisions; or
•    For any other purpose to which you consent.

Personal information collected by Groupe Masdel may be stored and processed in Canada or in the United States.  While in another jurisdiction for processing, the information may be accessed by the courts, law enforcement, and national security authorities of that jurisdiction.

DISCLOSURE OF YOUR INFORMATION

Groupe Masdel may disclose your personal information to its subsidiaries or affiliates and to third parties whom Groupe Masdel hires to provide services on Groupe Masdel’s behalf, including, but not limited to, support services, website services, delivering promotional materials, contests,  sweepstakes and other promotions, and answering customer questions about Groupe Masdel’s products and services. These subsidiaries, affiliates and third parties may be located overseas.  Groupe Masdel will only provide those third parties with the personal information that they need to deliver the services to Groupe Masdel and/or on Groupe Masdel’s behalf.  In the event that Groupe Masdel is involved in a business transaction, including the purchase, sale, lease, merger, amalgamation or any other type of acquisition, disposal, securitization or financing involving Groupe Masdel, you consent to your personal information and any other information Groupe Masdel may have collected being transferred to another party in connection with such transaction.  You also consent to Groupe Masdel disclosing  your personal information to legal, financial, insurance, or other advisors in connection with such business transaction or management of all or part of Groupe Masdel’s business or operations; as consented to by you from time to time, including to fulfill any other purposes that are identified when the personal information is collected; or as otherwise permitted or required by law.

RETENTION OF YOUR PERSONAL INFORMATION

The personal information that you provide will be retained by Groupe Masdel in accordance with applicable laws. However, Groupe Masdel will take reasonable steps to destroy or permanently de-identify personal information it holds if it is no longer needed for Groupe Masdel business purposes.

CHOICE AND OPT-OUT PREFERENCES

Groupe Masdel does not collect your personal information unless you choose to provide it.  If, at any time, you prefer not to receive further email communications from Groupe Masdel (except in connection with information, products or services that you specifically request), you will have the ability to unsubscribe from such communications by means of a link provided in every broadcast e-mail that is sent to you by Groupe Masdel.  If, at any time, you prefer not to receive any other form of communication from Groupe Masdel, you will have the ability to unsubscribe from such communications by contacting: gec@Groupe Masdel.com.

ACCESS AND CORRECTION

Groupe Masdel will take reasonable steps to ensure the personal information it holds is accurate, complete and up to date.

Upon your written request, subject to certain exceptions, Groupe Masdel will inform you of the existence, use and disclosure of your personal information and give you access to that information.  Additionally, if you have any questions or enquiries relating to our privacy practices or procedures, or if you believe that the personal information that Groupe Masdel holds about you is not accurate, complete or up to date you may write  to our entreprise at the address provided below. If you are able to establish that the information is not accurate, complete or up to date, Groupe Masdel will take reasonable steps to correct the information so that it is accurate, complete and up to date.

QUESTIONS AND COMMENTS

Groupe Masdel welcomes questions and comments about this Privacy Policy.  Questions or comments should be directed to the Groupe Masdel at:
Groupe Masdel inc.
Attention: Privacy Officer
9081 Du Parcours
Montréal, Qc H1J 2Y1 Canada
Email: info@masdelinc.com