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Date last updated: December 13th, 2021
PLEASE READ THE TERMS AND CONDITIONS BEFORE USING THE SITE
The following terms and conditions govern and apply to your use or recourse to the site maintained by Novaterr Solutions inc. (the “Site”).
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 your acceptance of the revised terms and conditions.
1. RESTRICTIONS
You must be at least eighteen (18) years old to use this site or any service included on this site. 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 declaration concerning your age.
Citizens and residents of the United States of America, acknowledge that they only are entitled to use Mercado Novaterr in the cases provided for by law. In particular, but not limited to, US citizens and residents certify that they comply with the travel exemptions as defined by the Office of Foreign Assets Control (OFAC), and that, in cases of special licences, they have provided their licence number before using Novaterr services.
2. INTELLECTUAL PROPERTY
All intellectual property on the site is owned by us or our licensors and includes any material protected by copyright, trademark or patent. All trademarks are owned, registered and / or licensed by us. All content on the site, including but not limited to text, software, code, design, graphics, photos, sounds, music, videos, applications, interactive features and any other content, is a collective work under Canadian law or under any other 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 otherwise made available to third parties.reproduced, republished, re-published, uploaded, posted, transmitted, distributed, displayed, transmitted, distributed or otherwise modified, in whole or in part, whether in text, graphical, audio, video or executable form, without our written permission.
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 the Services (the “Company Content”). 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 upon you any license or intellectual property rights.
4. USER ACCOUNT AND USE OF THE ACCOUNT
If your use of the Site requires an account identifying 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, services through your user account, a password related to your user account, or any other breach of security; and of your user account or the service provided through your user account, and you agree to assist us, as we may request, to stop or remedy any security breach related to your account; and
(c) you agree to provide true, accurate and current 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 in order for the information we hold to be true, accurate and current.
5. PAYMENT
When you make a purchase on the site, you agree to provide a valid payment instrument. Pay attention to the details of the transaction as the total price may include taxes, fees 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 a pre-authorization from the card issuer for up to the full amount of the transaction. If you choose to cancel a transaction before it is completed, the funds used for the pre-authorization may not be immediately available in your account.
We reserve the right to cancel any transaction if we believe that the transaction violates these terms and conditions of use or if we believe that by doing so we can prevent a financial loss.
In order to prevent financial loss, we may contact the issuer of your payment instrument, law enforcement or any affected third party (including other users) and may share the details of any payment you are 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 may sell goods or services. We are committed to being as accurate as possible in all information about goods and services, including product descriptions and product images. However, we do not guarantee the accuracy or reliability of any product information and you acknowledge and agree that the purchase of such products is at your own risk.
If you are not satisfied with a service sold to you on our site, you can 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 rendered partially or in full, reimbursement requests must be processed directly with our partner that realized the service who will take care of the reimbursement 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 whatsoever, including an error or omission in the data you provide. If applicable, if the payment has already been processed, we will refund the purchase price. We may require additional information from you before confirming the sale and we reserve the right to place any additional restrictions on the sale of our products. For the sale of physical goods, 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 is shipped. You agree to monitor 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 under this clause. You agree not to use the site in any way that could adversely affect the site, services or 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 otherwise 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 could damage the property of Novaterr Solutions Inc. or others;
(d) commit fraud;
(e) create or participate in illegal gambling, lottery 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; and/or
(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 in 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 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”), tags, 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 in order to improve our marketing and analytics, and to do so, we may work with third party vendors.
If you wish to block our access to any passive information we receive from the use of various technologies, you may choose to disable cookies in your web browser. Please note that we will still receive the information about you that you provide, such as your email address.
If you choose to terminate 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 advice, medical advice, or financial advice, and no fiduciary relationship has been created between you and Novater Solutions inc. You further agree that your purchase of any of the products on the Website is at your own risk. We do not assume responsibility or liability for any advice or other information given on the Website.
10. REVERSE ENGINEERING AND SAFETY
You cannot take any of the following actions:
(a) reverse engineer or disassemble any code or software on or from this site;
(b) violate or attempt to violate the security of the Site by any unauthorized access, circumvention of encryption or other security tools, data mining or interference with any host, user or network.
11. DATA LOSSES
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, compensate and hold Novaterr Solutions inc. and its affiliated companies against any claim, suit or demand, including attorneys’ fees, that may arise out of or relate to your use or abuse of the site, your violation of this Agreement, or your conduct and actions. If we choose to do so, we will choose our lawyer and participate in our own defense.
13. POLICY ON SPAM
You are strictly prohibited from using the Site or any service offered on the Site for illegal activities related to spam, including collecting the addresses and personal information of others or sending mass commercial e-mail.
14. THIRD PARTY LINKS AND CONTENT
We may occasionally post links to third party websites or other services. We are not responsible or liable for any loss or damage caused as a result of your use of any third party services linked to from 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 in order to perform maintenance work or unplanned emergency work. You agree that your access to the Site may be affected by unplanned or unanticipated unavailability for any reason whatsoever, and that we will not be liable for any damages or losses arising from such unavailability.
17. TERMINATION OF 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 any third party that is interfered with by your use or misuse of the Site or if you have been or are currently in breach of the terms hereof. We will have no liability to any third party, including a third party provider 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 on 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 any damage resulting from the misuse of the content of the site. Nor can we guarantee that the site will be available without interruption, without 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 contents are provided “as is” and “as available” without representations, warranties or conditions of any kind, express or implied.
If you decide to subscribe to services or features of the Site that require a subscription, you agree to provide accurate and current information about yourself as required by the relevant registration or subscription process, and to ensure its accuracy by making the necessary updates as soon as possible. You agree to maintain the confidentiality of all passwords or other account identifiers chosen by you or assigned to you at the time of registration or subscription on Novaterr Solutions Inc. or its partners and to assume responsibility for all activities related to the use of these passwords or accounts. In addition, you agree to notify us of any unauthorized use of your password or member account. We shall not be liable, directly or indirectly, for any loss or damage of any kind arising out of or in connection with your failure to comply with this provision.
Moreover, we propose a solution for our partners to facilitate the booking and/or payment of services provided by our partners. You acknowledge that, even though we put in place reasonable efforts to ensure that our partners will provide a quality service in a timely manner, we cannot be held responsible for any error, delay, complication or damage of any kind caused by the actions of our partners. Our partners are fully liable for their services, and you recognize that any complaint you may have to formulate, you will communicate directly with our partner that provided the service in question, keeping us exempt of any recourse direct or indirect.
You acknowledge that we may, in our sole and absolute discretion, and without notice to you, suspend, cancel or terminate your account, use of or access to the Site or to 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 thereof), for any reason, including if we believe that you have violated these Terms and Conditions. In addition, you agree that we will not be liable to you or to any other person as a result of such suspension, cancellation or termination. If you are dissatisfied with Novaterr Solutions inc. or any of its services, or any of these conditions, rules, policies, guidelines or our practices relating to the operation of Novaterr Solutions inc. or any of its services, your only recourse is to stop using the site or 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 information respects the following principles:
Lawfulness, 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 being collected, and for what purposes your personal information is being collected;
Limited purposes: the collection and processing of personal information is carried out to meet one or more objectives determined in these terms and conditions of use;
Minimization of the collection and processing of personal information: only personal information necessary for the proper execution of the objectives pursued by the site is collected;
Retention of Personal Information Reduced in Time: 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 is committed to ensuring the integrity and confidentiality of the personal information collected.
In order to be lawful, and in accordance with the requirements of Article 6 of European Regulation 2016/679, the collection and processing of personal information may only take place if they comply with at least one of the conditions listed below :
You have expressly consented to the treatment;
Processing is necessary for the proper performance of a contract;
The processing meets a legal obligation;
The processing is explained by a need related to the protection of the vital interests of the data subject or of another natural person;
The processing may be explained by a need linked to the performance of a task of public interest or which falls within the exercise of public authority;
The processing and collection of personal data is necessary for the purposes of legitimate and private interests pursued by the data controller or a third party.
The personal information collected on the site is as follows:
– Last name First Name
– Full address
– Order history
– Payment history
This personal information is collected when you perform any of the following operations on the site:
Website registration or subscription
Bill payment
In addition, when you purchase a product on the site, it is brought to your attention that the seller will keep in its computer systems a proof of the transaction including the purchase order and invoice.
The data controller will keep all the personal information collected in his 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 information is recorded, you are informed of the duration for which your personal information will be kept, and when this duration cannot be specified, the entity that owns the site will inform you of the criteria used to determine it.
The collection and processing of personal information serves the following purposes:
The data is collected only to allow billing follow-up and to contact customers if necessary. Promotional information may also be sent to you if you have voluntarily accepted our promotional mailings.
b) Data hosting
The site is hosted by: GloboTech Communications, whose head office is located at the address below:
630 Sherbrooke St W #301, Montreal, Quebec H3A 1E4, Canada
The host can be contacted at the following phone number: +1 514-907-0050
The 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 head office is located there.
c) Responsible for the processing of personal information
The person responsible for the processing of personal information is: Nancy Lussier. He can be contacted as follows:
support@novaterr.com
d) Rights and procedures for enforcing your rights
In accordance with the regulations concerning the treatment of personal information, you have the rights listed below.
In order for the person in charge of processing personal information to grant your request, you are required to provide him with: your first and last name as well as your email address, and if relevant, your account number or personal space or subscriber.
The person responsible for processing personal information is required to respond to you within 30 (thirty) days maximum.
I. Right of access, rectification and right to be forgotten
You can read, update, modify or request the deletion of your personal information, by following the procedure set out below:
The user must send an email request to support@novaterr.com to request the disposition, modification or deletion of his or her 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 his/her 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 portability of your personal information held by the site to another site, by complying with the following procedure:
The user must send a request by email to support@novaterr.com to request all of his personal information collected in order to allow portability to another service of his choice. The request will be processed within 30 days of receipt.
III. Right to limit and oppose the processing of personal information
You have the right to request the limitation or to oppose the processing of your personal information 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 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 your 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 transiting through the site are secure.
In addition, the person responsible for processing personal information undertakes to notify you in the event of rectification or deletion of personal information, unless this would involve disproportionate formalities, costs and steps.
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 to improve the service for your comfort. For the use of “cookie” files involving 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 “cookies” files on your hard disk.
b) Opposition to the use of “cookie” files by the site
You can oppose the recording of these “cookies” by configuring your browser software.
If you decide to deactivate the “cookies” files, you will be able to continue browsing the site. However, any malfunction of the site caused by this manipulation could not be considered to be our fault.
c) Description of the “cookies” files used by the site
The following cookies are used during your navigation:
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 multiple cookies to save your login information and screen display choices. Login cookies last two days, and screen option cookies last one year. If you select “Remember me”, your connection will persist for two weeks. If you log out of your account, cookies will be deleted.
While browsing the site, third party “cookie” 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. You are invited to consult the privacy policies of these sites.
21. LIMITATION OF LIABILITY
We are not responsible for any damages that you may suffer as a result of your use of the site, to the full extent of the law. Novaterr Solutions Inc.’s maximum liability 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 revenues, indirect or punitive damages, negligence, civil liability or fraud of any kind.
22. QUESTIONS AND ADDITIONAL INFORMATION
If you have any questions or require further information, please contact us at: support@novaterr.com