Web Site Terms and Conditions of Use

1. Terms

These Web Site Terms and Conditions of Use (the “Terms of Use”) apply to the Magusta Development (B.C.) Ltd. (“Magusta Development”) web site located at www.magusta.com, and all associated sites linked to www.magusta.com by Magusta Development, its subsidiaries and affiliates (collectively, the “Web Site”). The Web Site is the property of Magusta Development and its licensors. BY USING THE WEB SITE, YOU AGREE TO THESE TERMS OF USE AND ALL APPLICABLE LAWS AND REGULATIONS, AND AGREE THAT YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ANY APPLICABLE LAWS; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

2. Use License

  1. As long as you comply with these Terms of Use, Magusta Development grants you permission to temporarily download one copy of the information and/or software (collectively, the “Materials”) on the Web Site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
    1. modify or copy the Materials;
    2. use the Materials for any commercial purpose, or for any public display (commercial or non-commercial);
    3. attempt to decompile or reverse engineer any of the Materials;
    4. remove any copyright or other intellectual property from the Materials; or
    5. transfer the Materials to another person or “mirror” the Materials on any other server.
  2. This license shall automatically terminate if you violate these Terms of Use and may be terminated by Magusta Development at any time. Upon terminating your viewing of the Materials or upon the termination of this license, you must destroy any downloaded Materials in your possession whether in electronic or printed format.
  3. All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Web Site is owned, controlled or licensed by or to Magusta Development, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.Except as expressly provided in these Terms of Use, no part of the Web Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise, without Magusta Development’s express prior written consent.

3. Disclaimer

The Materials on the Web Site are provided “as is”. Magusta Development makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, whether they arise by the operation of statute or at common law, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Magusta Development does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the Materials on the Web Site or otherwise relating to such Materials or on any sites linked to this site.

4. Limitations

In no event shall Magusta Development or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the Materials on the Web Site, even if Magusta Development or a Magusta Development authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The Materials appearing on the Web Site could include technical, typographical, or photographic errors. Magusta Development does not warrant that any of the Materials on the Web Site are accurate, complete, or current. Magusta Development may make changes to the Materials contained on the Web Site at any time without notice. Magusta Development does not, however, make any commitment to update the Materials.

6. Links

Magusta Development has not reviewed all of the sites linked to the Web Site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Magusta Development of the site. Use of any such linked web site is at the user’s own risk.

7. Site Terms of Use Modifications

Magusta Development may revise these Terms of Use at any time without notice. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Web Site following the posting of changes will mean you accept and agree to be bound by the changes.

8. Governing Law

Any claim relating to the Web Site shall be governed by the laws of the province of British Columbia and the laws of Canada applicable within British Columbia without regard to any conflict of law provisions.

9. Indemnity

You agree to indemnify and hold harmless Magusta Development, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries, and affiliates from any demands, loss, liability, claims or expenses (including legal fees calculated on a solicitor-and-own-client basis) made against Magusta Development by any third party due to or arising out of or in connection with your use of the Web Site.

Magusta Privacy Policy

 

Your privacy is very important to us.  Accordingly, we have developed this Policy in order for you to understand how we collect, use, maintain and disclose your personal information.

 

We have appointed a privacy officer to be responsible for our organization’s privacy compliance and for this policy.  Anyone who has questions or complaints regarding any policies, the security of personal information, or compliance with the applicable personal information protection legislation, or if they wish to request access to or to correct personal information, may contact our Privacy Officer via e-mail at info@magusta.com  or by sending a letter that explaining their request/complaint to the following address: Privacy Officer, Magusta Development, 1118 – 1030 West Georgia St., Vancouver, BC V6E 2Y3

 

The following outlines our privacy policy.

  • Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
  • We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
  • We will only retain personal information as long as necessary for the fulfillment of those purposes.
  • We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
  • Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
  • We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
  • We will make readily available to customers information about our policies and practices relating to the management of personal information.
  • Upon receipt of a written request, we will provide website users access to any of their personal information in our custody or control, subject to certain exceptions as provided by the applicable legislation.  If users notice any errors, they should advise us in writing and we will promptly correct them accordingly.
  • Website visitors can generally browse our website anonymously.  When a website visitor registers to receive further information, updates or newsletters, we only collect the minimum amount of personal information required to establish your account.  That information may be used by us to manage your account and provide you with the requested materials, to conduct customer surveys, and to provide announcements of future developments.  The information is not shared with any third parties.  Registrants can unsubscribe to distributions, or terminate their registration, by following the guidelines appearing elsewhere on this website.

 

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.

 

If any complaints or disputes arise, they will be investigated by our Privacy Officer and a response will be provided to the individual, usually within 30 days.  If the matter remains unresolved, individuals have the right to seek further remedy with the appropriate privacy regulator.  The website of the British Columbia Information and Privacy Commissioner can be found at www.oipc.bc.ca and the website of the Information and Privacy Commissioner of Canada can be found at www.priv.gc.ca.

 

Last revised:  July 28, 2015