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TERMS AND CONDITIONS

Terms of Use

 

Welcome to www.magnan.ca (the "Magnan Website"). By accessing and using the Magnan Website, you are agreeing to comply with and be bound by this Terms of Use Agreement (the "Agreement"). Please read the following Agreement carefully.

 

The term "Magnan" or "us" or "we" or "our" refers to the Magnan – NSD Vac Truck Service, the owner and operator of the Magnan Website. The term "you" refers to the user or viewer of the Magnan Website.

Acceptance

 

By using the Magnan Website and the services offered through it, you agree to be bound by these terms and conditions of use and all related policies, conditions, and guidelines. This Agreement is the entire and only agreement between you and us with respect to the use of the Magnan Website and supersedes all prior or other agreements, representations, warranties, and understandings with respect to the

Magnan Website, the content, products, or services provided by or through the Magnan Website and its content. If you do not agree with any of these terms of this Agreement, you may not use the Magnan Website. Magnan reserves the right to amend, change or replace the Agreement at any time without notice, and you agree that each visit you make to the Magnan Website shall be subject to the current terms of use and conditions then in force and it is your responsibility to review the Agreement posted on the Magnan Website for any modifications or updates. Your continued access and use of the Magnan Website will confirm your acceptance to be bound by any such amendments or changes to the Agreement. By using the Magnan Website, you represent and warrant that you have legal capacity to be bound by the terms of this Agreement.

 

Electronic Communications

 

When you access and use the Magnan Website or send us email, you are communicating with us electronically. You consent to receiving communications from us electronically. We will communicate with you by email or by posting a notice on the Magnan Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically will satisfy any legal requirement that such communications be in writing.

 

Permitted Use

 

As a Magnan Website user you may view, copy, print, use, and distribute (collectively, "use") documents generated by the Magnan Website, provided that you comply with the provisions of this Agreement and provided that these documents are used solely in connection with your relationship with Magnan.

 

The documents generated by the Magnan Website (including the Magnan Sales Agreement) are protected under the copyright laws of Canada and/or other countries. You agree to ensure that any copyright, trademark, trade names, logos, and service marks ("Marks") along with any other proprietary rights, notices, and disclaimers appearing on these documents are reproduced and retained on all copies in the same form and manner as on the original. You are not permitted to use the Marks in any manner whatsoever without the prior written consent of Magnan.

 

Restrictions and Prohibited Uses

 

You agree that you will not use the Magnan Website for any improper, fraudulent, illegal, or malicious purpose, including, without limitation, to impair use of the Magnan Website by others.

 

You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Magnan Website. You also agree not to use the Magnan Website to create, develop, or otherwise generate any derivative works or any functionally compatible or competing software or hardware.

 

You may not upload or post any material on the Magnan Website that is protected by copyright, trademark, or other intellectual property rights unless you are the owner of those rights or have the prior written consent of the owner(s) of those rights to use such material. You may not post any material that is derogatory, critical, or defamatory of any other party. Magnan may, without prior notice to you and in its sole discretion, remove any material from its website that violates these terms or any material that Magnan otherwise considers inappropriate for display on its website. If, after notice of posting inappropriate or non-permitted material, you repeat such actions, Magnan may terminate your access to the website without notice to you. In the event of such action, you are not entitled to a refund for any fee or any other form of compensation.

 

Copyright

 

All content including, without limitation, all Marks, text, design, graphics, drawings, photographs, code, and software and all organization and presentation of such content, which forms a part of the Magnan Website, are subject to intellectual property rights, including copyright and trademarks, held by or licensed to Magnan. All such rights are expressly reserved.

 

Trademarks

 

Any Marks on the Magnan Website may be trademarks or trade names or registered trademarks or trade names of Magnan or its affiliates, in Canada and other countries. Magnan's Marks shall not be used in connection with any product or service that is not Magnan's or its affiliates' in any manner. All other trademarks and trade names not owned by Magnan or its affiliates that appear on the Magnan Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Magnan or its affiliates.

 

Hyperlinks

 

The Magnan Website may contain links to third-party websites. These links have been provided solely as a convenience for and do not constitute an endorsement by Magnan of the content of such third-party sites. Links to the Magnan Website may also be provided from sites either known or unknown to Magnan. Access to any other web site linked to or from the Magnan Website is at your own risk. Magnan has not reviewed and is not responsible for the content of any third-party sites linked to or from the Magnan Website and does not make any representations or warranties regarding the content or accuracy of materials on such third-party websites.

 

DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY

 

THE Magnan WEBSITE IS PROVIDED BY Magnan ON AN "AS IS" AND "AS AVAILABLE" BASIS. Magnan MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS AND SERVICES INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Magnan DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Magnan DOES NOT WARRANT THAT THE Magnan WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM THE Magnan OR THE Magnan WEBSITE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. Magnan WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE Magnan WEBSITE, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU IN YOUR JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

 

Privacy

 

You agree to Magnan's collection, use, disclosure, and retention of your personal information in accordance with the terms of this Agreement and the Magnan Privacy Policy.

 

If we make material changes to the privacy provisions of this Agreement, we will post those changes in the Magnan Privacy Policy to keep you informed of what information we collect, how we use it, and under what circumstances we may disclose it.

 

Governing Law & Jurisdiction

 

By accessing and using the Magnan Website, you agree that the laws of the Province of Alberta, Canada, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any kind that might arise between you and Magnan or its affiliates. The parties have required that this Agreement and all documents relating there to be drawn up in English.

Copyright

 

Users of www.magnan.ca are subject to the Terms of Use, plus any additional terms and conditions posted at specific portions of the site.

 

Magnan.ca is an active website with changes being made regularly. All information is current as of its first appearance on this site or when last modified.

 

All items on magnan.ca are copyright of Magnan - NSD Vac Truck Service. Reproduction or republication is strictly prohibited without prior written permission, unless and to the extent specific items posted on nhpcanada.org indicate otherwise.

Privacy Policy

 

Magnan – NSD Vac Truck Service takes your privacy and the security of your personal information seriously.

 

Personal Information

 

Personal information we collect will vary depending on the purpose for which we are collecting it.

 

What personal information do we collect?

 

Magnan – NSD Vac Truck Service requires personal information in order to provide products and services and to administer events.

 

Magnan – NSD Vac Truck Service Website and Electronic Communication

 

When you visit www.magnan.ca (the “ Magnan Website"), you may choose to provide us with personal information about yourself, your firm, or your company when you purchase items or services from the Magnan Website. This information can include such personally identifiable information as name, company name, address, phone number, and email address.

 

If you choose to correspond with Magnan through email, we may retain the content of your email message(s) to us, along with our responses to you.  

 

How do we protect your personal information?

 

Magnan – NSD Vac Truck Service takes your privacy and security seriously. To prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of information, we have put in place physical, electronic, and administrative procedures to safeguard and secure the information you provide to us.

This includes ensuring that any third-party contractors providing services to or on behalf of Magnan – NSD Vac Truck Service are bound by appropriate obligations of confidentiality.

 

We only retain personal information for as long as we require it to meet business, administrative or legal purposes.

 

We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet and no method of electronic storage is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

 

Email is not recognized as a secure medium of communication. For this reason, we request that you do not send private or sensitive information to us by email.

Please remember that, when you use a link to go from the Magnan Website to another website, this Privacy Policy is no longer in effect with respect to any personal information that may be disclosed on such third-party websites. Your activities and interaction on any other website, including websites that have a link on the Magnan Website, is subject to that website's own rules and policies. Please review those privacy rules and policies before proceeding.

 

How do we use your personal information?

 

Magnan – NSD Vac Truck Service uses personal information provided by customers to provide and administer the services and products requested. We may use your personal information for administrative, reporting, and analytical purposes, including communicating with you about services and products.

 

Disclosure to Third-Parties

 

We will not share or sell your information unless you consent to such information sharing or as described in this Privacy Policy. 

 

Magnan – NSD Vac Truck Service may enter into other business arrangements with third-parties who will be given access to personal information (including, but not limited to, your email address) for the purpose of providing you information regarding products and services that we think will be of interest to you, but we will not share or sell your information unless you consent to such information sharing.

External consultants or contractors may have access to personal information, if access is necessary for the performance of their duties.

 

These consultants and contractors are prohibited from using your personally identifiable information for any other purpose, including their own marketing purposes.

Certain consultants or contractors are located outside of Canada. These companies and their affiliates may store personal information outside of Canada.

 

We may also disclose your personal information if authorized or required to do so by law or court order or if we believe that such action is necessary to (a) conform to the law or comply with legal process served on us or any affiliated parties; (b) protect and defend our rights and property, our website, the users of our website, and/or our affiliated parties; or (c) act under circumstances to protect the safety of users of our website, ourselves, or third-parties.

 

How to access your personal information

 

We strive to ensure that our collection, use, and disclosure practices with respect to your personal information are transparent. You may request access to your personally identifiable information that we collect and maintain about you by contacting us. In response to a request, we may provide access to your personal information, subject to applicable legal restrictions.

 

If you wish to access your personal information, submit your request, in writing, to through the contact us form.

 

Aggregate Information

 

When you visit the Magnan Website you may provide us with website use information that is collected as you or others browse on the Magnan Website.

 

The Magnan Website utilizes a standard technology called "cookies" and web server logs to collect information about how our website is used. Information gathered through cookies and web server logs may include but is not limited to the date and time of visits, the pages viewed, time spent on the Magnan Website, and the websites visited just before and just after our website. Personally identifiable information is not stored in these cookies.

 

We use a third-party tracking service that uses cookies and log files to track non-personally identifiable information about visitors to our site in the aggregate, for usage and volume purposes, to help us better understand the needs of our visitors.

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