Last update date: December 13, 2021
PLEASE READ THE TERMS AND CONDITIONS BEFORE USING THE SITE
The following terms and conditions govern and apply to your use of or use of the site maintained by Novaterr Solutions inc. (the place").
By accessing or browsing the Site, you declare that you have read and understood the terms and conditions of use and declare that you are bound by them. Please note that we may change the terms of use at any time without notice. Your continued use of the Site will be deemed acceptance of the revised terms and conditions.
1. RESTRICTIONS
You must be at least eighteen (18) years old to use this Site or any services contained therein. By accessing or using this Site, you represent that you are at least eighteen (18) years of age. We cannot be held responsible for any false statements regarding your age.
Citizens and residents of the United States of America acknowledge that they may only use Mercado Novaterr in cases stipulated by law. In particular, but not exclusively, US citizens and residents certify that they meet the travel exemptions defined by the Office of Foreign Assets Control (OFAC) and that, in cases of special licenses , have provided the license number before using Novaterr services.
2. INTELLECTUAL PROPERTY
All intellectual property on the Site is our property or that of our licensors and includes any material protected by copyright, trademark or patent. All trademarks are owned, registered and/or licensed by us. The entire content of the Site, including but not limited to the text, software, code, design, graphics, photos, sounds, music, videos, applications, interactive features and any other content, is a collective work under Canadian or any other law. copyright law and is the property of Novaterr Solutions inc. The elements appearing on this Site may not be copied, reproduced, republished, downloaded, displayed, transmitted, distributed or made available to third parties without our written authorization.
All rights reserved.
3. USE OF COMPANY CONTENT
We may provide you with certain information as a result of your use of the Site, including, without limitation, documents, data or information developed by us, or anything else that may assist you in using the Site or Services (the “Company Content”). The Company Content may not be used for any purpose other than to use the Site and the services offered on the Site. Nothing contained herein shall be construed as conferring any license or intellectual property rights.
4. USER ACCOUNT AND ACCOUNT USE
If your use of the Site requires an account that identifies you as a user of the Site (a “User Account”):
(a) you are solely responsible for your user account, the maintenance, confidentiality and security of your user account and all passwords related to your user account and the activity of any person who has access to your account with or without your permission;
(b) you agree to immediately notify us of any unauthorized use of your user account, of the services through your user account, of a password related to your user account, or of any other breach of security; and your user account or the service provided through your user account, and you agree to help us, as requested, to stop or remedy any breach of security related to your account; and
(c) you agree to provide true, accurate and up-to-date User Information as we may request from time to time, and you agree to notify us of any changes to your user information as required for the information you we have is true, accurate and up-to-date.
5. PAYMENT
When you make a purchase on the Site, you agree to provide a valid payment instrument. Please pay attention to the details of the transaction, as the total price may include taxes, duties and shipping costs for which you are responsible.
When you provide us with a payment instrument, you represent that you have permission to use that payment instrument. When you make a payment, you authorize us and the payment service we use to charge the full amount to the payment instrument you have designated for the transaction. You also authorize us to collect and record this payment instrument and any other information related to the transaction.
If you pay by debit or credit card, we may obtain pre-authorization from the card issuer for the full amount of the transaction. If you decide to cancel a transaction before it is completed, the funds used for pre-authorization may not be immediately available in your account.
We reserve the right to cancel any transaction if we believe that it violates these terms and conditions of use or if we believe that by doing so we can avoid financial loss.
To prevent financial loss, we may contact the issuer of your payment instrument, the police or any affected third party (including other users) and may share details of any payment it is associated with if we believe that such action could prevent financial loss or a violation of the law.
6. SALE OF PRODUCTS AND/OR SERVICES
We can sell goods or services. We are committed to being as accurate as possible in all information about goods and services, including product descriptions and images. However, we do not guarantee the accuracy or reliability of the information about the products and the user acknowledges and accepts that the purchase of such products is at his or her own risk.
If you are dissatisfied with a service sold to you on our Site, you may proceed as follows:
You can request a refund up to 48 hours after payment if the service has not been provided. Refund requests can be made to support@novaterr.com. Beyond this period, or if the service has been partially or fully provided, refund requests must be processed directly with our partner who performed the service, who will handle the refund if applicable.
You agree to ensure payment for all items you may purchase on the Site, and you acknowledge and agree that prices are subject to change. We reserve the right to refuse or cancel an order for any reason, including an error or omission in the information you provide to us. In your case, if the payment has already been processed, we will refund the purchase price. We may ask you for additional information before confirming the sale and we reserve the right to impose additional restrictions on the sale of our products. In the case of physical product sales, we may pre-authorize your debit or credit card at the time you place the order, or we may charge your card when the order ships. You agree to control your payment instrument. Shipping and delivery costs, as well as expected delivery dates, may change due to unforeseen circumstances.
For any questions or disputes, you agree to contact us in a timely manner at the following email address: support@novaterr.com
7. ACCEPTABLE USE OF THE SITE
You agree not to use the Site for any unlawful purpose or any other purpose prohibited by this clause. You agree not to use the Site in any way that could adversely affect the Site, the services or the business of Novaterr Solutions inc.
You also agree not to use the Site for any of the following purposes:
a) harass, abuse or threaten another person or violate the rights of any person;
b) violate the intellectual property of Novaterr Solutions inc. or any other third party;
c) upload or transmit computer viruses or any other software that may damage the property of Novaterr Solutions inc. or others;
(d) commit fraud;
(e) create or participate in illegal gambling, lotteries or pyramid schemes;
(f) publish or distribute obscene or defamatory material;
(g) publish or distribute any material that incites violence, hatred or discrimination against any group; I
(h) unlawfully collect information about others.
8. PRIVACY PROTECTION
By using our Site, you may provide us with certain information. By using the Site, you authorize us to use your information in Canada and any country in which we may operate.
When you register for a user account, you provide us with a valid email address and you may also provide us with certain additional information, such as your name and/or billing information. Depending on how you use our Site, we may also receive information from external applications that you use to access our Site or we may receive information about you through various web technologies such as cookies, history, web beacons (also known as "clear gifs"), labels and the like.
We use the information we collect from you to ensure that you have a good experience on the Site. We may also track some of the passive information we receive to improve our marketing and analytics, and may work with third-party providers to do so.
If you wish to block our access to the passive information we receive through the use of various technologies, you may choose to disable cookies in your web browser. Please note that we will continue to receive information about you that you provide to us, such as your email address.
If you choose to cancel your account, we will store and retain your information for the following period of time: 1 year. After this time, all information about you will be deleted.
9. ASSUMPTION OF RISK
The Website is provided for communication purposes only. You acknowledge and agree that any information posted on our Website is not intended to be legal, medical or financial advice, and no fiduciary relationship has been created between you and Novater Solutions inc. You further agree that the purchase of any products on the Website is at your own risk. We accept no liability for any advice or other information offered on the Website.
10. REVERSE ENGINEERING AND SECURITY
You cannot do any of the following:
(a) reverse engineer or disassemble any code or software contained on or derived from this Site;
(b) violate or attempt to violate the security of the Site by means of any unauthorized access, circumvention of encryption or other security tools, data mining, or interference with any host, user or network.
11. LOSS OF DATA
We are not responsible for the security of your user account or the content of your account. Use of the Site is at your own risk.
12. INDEMNIFICATION
You agree to defend, indemnify and hold harmless Novaterr Solutions inc. and its affiliated companies harmless from any claim, suit or demand, including attorneys' fees, that may arise from or relate to your use or abuse of the Site, your violation of this Agreement, or your conduct and actions. If we decide to do so, we will choose our attorney and participate in our own defense.
13. SPAM POLICY
Using the Site or any services offered on the Site for illegal spam-related activities, including collecting addresses and personal information of others or sending mass commercial email, is strictly prohibited.
14. LINKS AND THIRD PARTY CONTENT
From time to time we may post links to third party websites or other services. We are not responsible for any loss or damage caused as a result of your use of any third party services linked to our Website.
15. INDEPENDENCE OF CLAUSES
If any provision of these Terms of Use is determined to be unlawful, void or unenforceable, in whole or in part, the unenforceable portion shall not affect the validity and enforceability of the remaining provisions of these Terms of Use.
16. SERVICE INTERRUPTIONS
We may have to interrupt your access to the Site to carry out unplanned maintenance or emergency work. You agree that your access to the Site may be affected by unplanned or unforeseen unavailability for any reason, and that we will not be liable for any damages or losses arising from such unavailability.
17. TERMINATION OF THE USER ACCOUNT
We may suspend, limit or terminate your user account and your use of the Site at our sole discretion, at any time, without notice and for any reason, including for operational or efficiency reasons of the Site or any equipment or network owned by us. or third parties who are interfered with by your use or misuse of the Site or if you have breached or are breaching the conditions herein. We shall have no liability to any third party, including service providers, for any suspension, limitation or termination of your access to the Site.
18. NO WARRANTIES
Although we have made reasonable efforts to ensure that the content of this Site is accurate, we cannot guarantee that the content is error-free, up-to-date or complete. Under no circumstances can we be held responsible for any damage that may result from an error on the Site.
We assume no responsibility for damages resulting from misuse of the content of the Site. We also cannot guarantee that the Site will be available uninterrupted, free of errors or omissions, or that defects will be corrected. It is also not possible to guarantee that the Site and the servers that make it available are free of viruses or harmful components. The Site and its content are provided “as is” and “as available” without representations, warranties or conditions of any kind, express or implied.
If you choose to subscribe to services or features of the Site that require a subscription, you agree to provide accurate and up-to-date information about yourself, as required in the applicable registration or subscription process, and to ensure its accuracy by making necessary updates as soon as possible. . You agree to maintain the confidentiality of all passwords or other account identifiers chosen by you or assigned at the time of registration or subscription to Novaterr Solutions inc. or its partners and assume responsibility for all activities related to the use of these passwords or accounts. Additionally, you agree to notify us of any unauthorized use of your password or member account. We will not be responsible or liable, directly or indirectly, for any loss or damage of any kind arising from or in connection with your failure to comply with this provision.
Furthermore, we propose a solution for our partners to facilitate the reservation and/or payment of services provided by our partners. You acknowledge that, while we use reasonable efforts to ensure that our partners provide quality service in a timely manner, we cannot be responsible for any errors, delays, complications or damages of any kind caused by the actions of our partners. Our partners are fully responsible for their services, and you acknowledge that any complaint you may have to make will be communicated directly to our partner who provided the service in question, keeping us exempt from any direct or indirect recourse.
You acknowledge that we may, in our sole and absolute discretion, and without prior notice, suspend, cancel or terminate your account, use of or access to the Site or any of its services, and remove and discard any information or content related to the Site or any of its services (and terminate your use), for any reason, including if we believe that you have violated these Terms and Conditions. You further agree that we will not be liable to you or any other person as a result of any such suspension, cancellation or termination. If you are not satisfied with Novaterr Solutions inc. or any of its services, or with any of these conditions, rules, policies, guidelines or our practices relating to the operation of Novaterr Solutions inc. or any of its services, your sole remedy is to discontinue using the Site or the service in question.
19. CONFIDENTIALITY
a) Personal information collected, personal information processed and method of collecting personal information
In accordance with the provisions of article 5 of European Regulation 2016/679, the collection and processing of your personal data respects the following principles:
Legality, fairness and transparency: personal information can only be collected and processed with your consent. Whenever personal information is collected, you will be informed that your personal information is collected and for what purposes it is collected;
Limited purposes: the collection and processing of personal information is carried out to fulfill one or more purposes determined in these terms and conditions of use;
Minimization of the collection and processing of personal information: only the personal information necessary for the proper execution of the objectives pursued by the Site is collected;
Reduction of the retention time of personal information: personal information is retained for a limited period of time, of which you are informed;
Integrity and confidentiality of personal information collected and processed: the person responsible for processing personal information undertakes to ensure the integrity and confidentiality of personal information collected.
To be legal, and in accordance with the requirements of Article 6 of European Regulation 2016/679, the collection and processing of personal information can only take place if they meet at least one of the conditions listed below:
You have given your express consent to the processing;
The processing is necessary for the proper performance of a contract;
The processing fulfills a legal obligation;
The processing is explained by a need related to the protection of the vital interests of the data subject or another natural person;
The processing can be explained by a need linked to the performance of a task of public interest or that falls within the exercise of public authority;
The processing and collection of personal data is necessary for the purposes of the legitimate and private interests pursued by the data controller or a third party.
The personal information collected on the Site is as follows:
- Lastname name
- Full address
- Orders history
- Payment history
This personal information is collected when you do any of the following on the Site:
Registration or subscription to the Website
Bill payment
Additionally, when you purchase a product on the Site, you are informed that the seller will maintain proof of the transaction, including the purchase order and invoice, on its computer systems.
The data controller will retain all personal information collected on the Site's computer systems and under reasonable security conditions for a period of 3 years, unless you request its deletion before the expiration of this period.
When personal data is recorded, you are informed of the duration of retention of your personal data, and when this duration cannot be specified, the entity that owns the Site informs you of the criteria used to determine it.
The collection and processing of personal information has the following purposes:
The data is collected only to allow billing tracking and to contact customers if necessary. You may also be sent promotional information if you have voluntarily accepted our promotional emails.
b) Data hosting
The Site is hosted at: GloboTech Communications, whose headquarters are located at the following address:
630 Sherbrooke St W # 301, Montreal, Quebec H3A 1E4, Canada
The host can be contacted at the following phone number +1 514-907-0050.
Personal information collected and processed by the Site is transferred to the following country or countries: Canada. This transfer of personal information outside the European Union is justified for the following reasons:
Personal information is stored in Canada because the company's headquarters are located there.
c) Responsible for the processing of personal information
The person responsible for processing personal information is: Nancy Lussier. He can be contacted as follows:
support@novaterr.com
d) Rights and procedures to enforce your rights
In accordance with the regulations regarding the processing of personal information, you have the rights listed below.
In order for the person in charge of processing personal information to grant your request, it is necessary that you provide: your first and last name, as well as your email address, and if applicable, your account number or personal space or subscriber.
The person responsible for processing personal information must respond to you within a maximum period of 30 (thirty) days.
I. Right of access, rectification and right to be forgotten
You can read, update, modify or request the deletion of your personal data, following the procedure indicated below:
The user must send a request by email to support@novaterr.com to request the disposition, modification or deletion of their collected personal information. The request will be processed within 30 days of receipt.
If you have one, you have the right to request the deletion of your personal space by following the following procedure:
The user must send a request by email to support@novaterr.com to request the deletion of their user account. The request will be processed within 30 days of receipt.
II. Right to portability of personal information
You have the right to request the portability of your personal information held by the Site to another Site, complying with the following procedure:
The user must send a request by email to support@novaterr.com to request all their personal information collected in order to allow portability to another service of their choice. The request will be processed within 30 days of receipt.
III. Right to limit and object to the processing of personal information
You have the right to request the limitation or to oppose the processing of your personal data by the Site, without the Site being able to refuse, except to demonstrate the existence of legitimate and compelling reasons, which may prevail over your interests, your rights and your rights. freedoms.
e) Obligations of the person responsible for processing personal information
The data controller undertakes to protect the personal information collected, not to transmit it to third parties without their knowledge and to respect the purposes for which this personal information was collected.
The Site has an SSL certificate to ensure that information and the transfer of personal information passing through the Site is secure.
Furthermore, the person responsible for the processing of personal information undertakes to notify you in the event of rectification or deletion of personal information, unless this involves disproportionate procedures, costs and efforts.
In the event that the integrity, confidentiality or security of your personal information is compromised, the data controller undertakes to inform you by any means.
20. COOKIES
a) Consent to the use of “cookies” by the Site
The Site may use “cookie” techniques to process statistics and traffic information, to facilitate navigation and improve the service for your convenience. For the use of “cookie” files that involve the storage and analysis of personal information, your consent is necessarily requested.
This consent is considered valid for a maximum of 13 (thirteen) months. At the end of this period, the Site will again request your authorization to save “cookie” files on your hard drive.
b) Opposition to the use of “cookies” files by the Site
You can object to the recording of these “cookies” by configuring your browser software.
If you decide to disable cookies, you can continue browsing the Site. However, any malfunction of the Site caused by this manipulation could not be considered our fault.
c) Description of the “cookies” files used by the Site
The following cookies are used during your browsing:
If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie does not contain any personal data and is deleted when you close your browser.
When you log in, we will also set several cookies to save your login information and screen display choices. Login cookies last for two days and screen options cookies last for one year. If you select “Remember me”, your connection will be maintained for two weeks. If you log out of your account, cookies will be deleted.
While browsing the Site, third-party “cookies” files may be stored.
More specifically, these are the following third parties:
WordPress.com
Jetpack.com
These sites have their own privacy policies and terms and conditions of use that may differ from those presented here. We invite you to consult the privacy policies of these sites.
21. LIMITATION OF LIABILITY
We are not responsible for any damages you may suffer as a result of your use of the Site, to the fullest extent of the law. The maximum liability of Novaterr Solutions inc. resulting from your use of the Site is limited to one hundred (100) Canadian dollars or the amount paid to Novaterr Solutions inc. in the last six months, whichever is greater. This applies to any claim including, but not limited to, loss of profits or income, indirect or punitive damages, negligence, civil liability or fraud of any kind.
22. QUESTIONS AND ADDITIONAL INFORMATION
If you have any questions or need more information, please contact us at: support@novaterr.com