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Terms of use

Legal Notice


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1. Definitions

For the purpose of this Legal Notice, the following words, expressions and terms, whether used in the singular or in the plural forms and unless otherwise indicated by the context, have the following meaning:

  • Groupe Maskatel: shall mean the legal person GROUPE MASKATEL LP whose address is 770, Casavant Blvd West, Saint-Hyacinthe, Québec, Canada, J2S 7S3.
  • Provider: shall mean Groupe Maskatel LP.
  • Web site: shall mean Groupe Maskatel’s Web site whose address is http://www.maskatel.ca
  • Foreign Web site: shall mean any Web site which, although accessible through Groupe Maskatel’s Web site is not managed or administered by Groupe Maskatel.
  • Customer: shall mean the Internet account holder or any other user of such account whether or not it is used by the account holder. The account holder is solely responsible for the use of the Service and for the payment of all costs to the Provider.
  • Contract: shall mean the contract between the Provider and the Customer and which contract allows the Customer to access the Internet through a connection. /li>
  • Service: shall mean the Internet connection and the type of Service to which the Customer has chosen to adhere through the Provider.
  • Content: shall refer to all information and activities available on the Web through an Internet connection.
  • Trademarks: shall mean the trademarks identified on the Web site and related documents which are the exclusive property of Groupe Maskatel LP.

2. General Conditions

The use of the Provider’s Web site is governed by the terms and conditions set out below. The Customer must read them. By accessing and using the Web site, the Customer shall be deemed to agree to be bound by the terms and conditions of this Legal Notice. If any of these terms and conditions were found to be null, void or unenforceable by a court of a competent jurisdiction, the remaining terms and conditions would continue to be fully effective. If for any reason the Provider does not enforce any of the terms and conditions stated herein, it shall not be construed as a waiver of its right to do so in the future.

3. Amendment

The Provider reserves the right to change the terms and conditions of this Legal Notice without notice and any changes made thereto will be binding on the Customer upon publication on the Web site.

4. Limitation of Liability

The Provider makes reasonable efforts to ensure the accuracy of the Web site. However, the Web site may include links allowing the Customer to access Foreign Web sites that are not controlled nor managed by the Provider. It is therefore the responsibility of the Customer or any other person using the Customer’s account to take the necessary steps to ensure that the Content chosen is free of any disruptive elements (virus, “cancelbot”, trojan horses, worms). As the content of the Web site is a compilation of elements from various sources, the Provider and each of its directors, officers, employees, consultants and agents do not assume any liability and do not grant any warranties, express or implied, as to the non-accuracy, errors or omissions that could taint the Content, nor as to any damages and/or losses of any kind that may arise from the use of the Web site.

5. Use of the Web site

The Customer acknowledges the jurisdiction of the courts of the province of Quebec regarding the use of the Web site. The use of the Web site does not in any way authorize and actually prohibits any contravention of provincial and federal regulations and legislation, including the Copyright Act and the Criminal Code.

6. Trademarks and Copyrights

The content of the Web site and the information contained therein, as well as that to which the Customer may have access through the Web site, are copyright-protected. The logos, icons and trademarks appearing on the Web site, if related to the Provider’s services, are the exclusive property of the Provider. All other logos, icons and trademarks belong to third parties and no provision of the Web site authorizes the use thereof without the written permission of the respective third parties.

It is strictly prohibited to transmit, copy or modify, without authorization, any trademarks posted on the Web site because such actions could constitute a violation of existing laws and could result in legal proceedings. The Customer may only use or reproduce them for personal and non-commercial purposes, on the express condition that the Customer retain all copyright and exclusivity notices intact.

7. Confidentiality and Privacy

The Provider is governed by the Personal Information Protection and Electronic Documents Act (Canada) and has therefore adopted a code for the protection of personal information and as well as having established a “Privacy Policy” which is an integral part of this Legal Notice.

When the Customer accesses the Web site, the Provider, at its sole discretion, may ask the Customer to provide personal information. If the Customer agrees to such a request, the Customer accepts to be bound by the provisions set out in the Provider’s “Privacy Policy”.

8. Indemnification

The Customer agrees to hold the Provider and each of its directors, managers, employees, consultants and its respective agents harmless from and against any and all claims and expenses whatsoever relating to any breach, by the Customer or any other user of the Customer’s account, of the“Rules of acceptable use of the Service” and of the “Contract Service”.

If you have any questions regarding this Legal Notice, please do not hesitate to contact the Provider by e-mail at the following address: avislegal@maskatel.qc.ca

9. Equipment Rental

Groupe Maskatel can provide you with free equipment. At the end of your subscription or upon early termination, you must return this equipment, in proper working condition within ten (10) working days of the end of the subscription or of the date of termination, to Groupe Maskatel’s Customer Service office. Where applicable, postage charges will be covered by Groupe Maskatel.

You accept responsibility for the equipment you have rented and accept the “Policy relating to the return of equipment in proper working order”. In the event that the equipment you have rented has not been returned within the prescribed time limit, or if it was returned in poor working condition, Groupe Maskatel will, as liquidated damages, invoice you for the price of the equipment in question in addition to your billing amount.
In the event that you do not comply with the conditions stipulated in this document, Groupe Maskatel reserves the right to unilaterally disconnect the Service and to take the necessary means to recover this equipment or, otherwise, to be indemnified.

In the Case of the Decoder-Recorder – 36 Months Rental

A decoder-recorder has a value of $323.64. The Customer agrees to use Groupe Maskatel’s Service for a minimum period of thirty-six (36) months. The Customer becomes the owner of the decoder-recorder at the end of the thirty-six (36) month leasing period from the date of the initial rental. The Customer will have nothing to pay during the said period. However, if the Customer terminates this Contract prior to its expiry, the Customer will be required to pay the balance of the value of the decoder-recorder according to the number of months remaining. For example, for a decoder having a value of $323.64, an amount of $8.99 per month of use would be deducted.
The manufacturer’s warranty on such a decoder-recorder is twelve months from the first day of use. The warranty is void and invalid if the damage to the decoder-recorder results from a fall or a misuse.

PLEASE NOTE THAT BY SUBSCRIBING TO THE INTERNET SERVICE, YOU FULLY ACCEPT, WITHOUT ANY RESTRICTIONS, ALL THE CONDITIONS SET FORTH HEREIN.

Acceptable rules of use of the internet service

Download Acceptable rules of use

To enable Maskatel to protect the integrity of the Internet service and to allow all its Customers to take full advantage of this service, the Customer agrees to meet the terms of these Rules.

Any violation of these Rules is an offense to the Contract and may result in the cancellation and / or interruption of the Customer Internet service, without further notice or delay, in accordance with the provisions of the Contract.

If you have any question about the Rules, please contact Maskatel by email to the following address: avislegal@maskatel.qc.ca.

IF YOU DO NOT AGREE TO BE BOUND BY THESE RULES, AS MODIFIED FROM TIME TO TIME, YOU MUST STOP USING IMMEDIATELY THE SERVICES AND INFORM MASKATEL THAT YOU ARE TERMINATING SERVICES.

Definitions

Unless otherwise specified, all terms with a capital letter have the same meaning in this Contract.

Furthermore, expressions and terms described below, unless the context indicates otherwise, have the following meanings :

  • Customer: refers to the person requiring Maskatel’s services, whose signature appears on the Contract and any other user of this account. The Customer of the Contract is the sole responsible of the use of the Internet Services and the payment of all fees to Maskatel.
  • Contract: refers to the specific agreement and the terms and conditions, between Maskatel and the Customer, allowing the use of Maskatel’s services.
  • Maskatel: means the legal person GROUPE MASKATEL LP whose head office and the address of its principal establishment is at 770, boulevard Casavant O., Saint-Hyacinthe, Québec, Canada, J2S 7S3
  • Rules: refers to these acceptable rules of use of the Internet Service.
  • Internet Service: refers to residential or commercial Internet connection and the type of Internet service which the Customer chose to subscribe through Maskatel.
  • Internet Host: any computer or Internet-connected electronic device.

General – Use of the internet service

Maskatel’s Internet Services are strictly reserved to the Customer’s use for the purposes described in the Contract. Unless the Contract say otherwise, the Customer may not resell to third parties, particularly in the context of an ISP company, or for any other activity not corresponding to the standards of the Internet Service provided.

It is also forbidden for the Customer to use the Internet Service to conduct illegal activities, including, without limiting the generality of the following:

  • access data or personal information, confidential or not, without the permission of the owner or use tools designed to facilitate such access;
  • usurp or attempt to usurp, personal information or passwords of other Internet Service subscribers, any user from another supplier or any other person or entity, in any way;
  • transmit unsolicited emails, spam or not, which are likely to cause significant interruptions of the Internet Service or can lead to complaints from the Internet users, Maskatel has the sole discretion for the evaluation of theses emails, acting reasonably;
  • harass, defame, abuse, intimidate or otherwise threaten Internet users or user groups, in any way whatsoever;
  • restrict access to another user or interfere with computer networks or systems and / or telecommunications services to or from any user, host, web server or network, including without limitation the denial-of-service attacks, overloading a service or attempting to cause failure of a host, interrupting sessions of other Internet users or consumption of excessive amounts of central processing unit time, memory or disk space;
  • use an Internet Host in an unauthorized way by Maskatel, including transmitting chain letters by email, or to send pyramid-type deals, in any way whatsoever;
  • post or transmit any information or software that contains a virus, a ” cancelbot “, a ” Trojan horse”, a “worm” or other harmful or disruptive component of the Internet Service;
  • falsify or delete author’s attributions, legal notices or other proper notices or specialty names or software’s original tags or source or other material contained in a file, or to assist any other user to perform such acts;
  • download, downstream and upstream, transmit, display, broadcast, disseminate, receive and save, recover or reproduce in any way, distribute or access by any other way to software or material that:
    • constitutes or encourages conduct that could constitute a criminal offense or could result in a civil suit;
    • is defamatory or obscene, and contain child pornography or hate literature;
    • constitutes an invasion of privacy, appropriation of personality, or the establishment of a prohibited relationship;
    • is confidential or protected by copyright, any other intellectual property right, without obtaining the permission of the copyright holder;
    • is designed to help the user to defeat the protection against copying, recording or other anti-theft mechanisms associated with commercial types programs or shareware;
    • is designed to transmit, display, publish, broadcast, receive, recover, save or otherwise reproduce, distribute, or provide unauthorized access to files,
      programs or information designed to assist in the fraudulent use of service telecommunications;
    • designed to transmit unsolicited messages which, in the sole and only discretion of the suppliers, causing significant disruption or complaints from users.
  • To facilitate, in any way whatsoever, any violation of these Rules by any Customer;
  • Bypassing or violate any applicable law or;
  • Any other action or use of abusive language towards employees, suppliers and supplier’s agents and representatives are strictly prohibited and will not be tolerated.

Email

Maskatel’s email service, as described in the Contract, has been created for the Customer personal use. The Customer can not grant sublicense, distribute, transfer or sell, partially or entirely, Maskatel’s email service.

Customer acknowledges that his use of Maskatel’s email service only consists of sending and receiving appropriate messages and material. The miscellaneous provisions described above are entirely applicable to the email use.

In addition to the article 2, without limiting the generality, the Customer is forbidden to do one or more of the following actions, from the Maskatel’s email service, but it is not limited to :

  • restrict or inhibit any other user from using his email inbox;
  • create a false identity to mislead others or forge the emails’ headers in any way;
  • use, download, copy or provide, free of charge or not, to any person or entity of the service user or others users or use information or any part thereof;
  • transmit, promote or facilitate the transmission of unsolicited email (spam), including, without limitation, commercial advertising and informational announcements;
  • attach an excessively long signature;
  • send messages in order to stop receiving emails or cause difficulty in this regard.

Any Customer who maintains an email list with a ” membership option ” (opt in), in lot or more, must have a way to confirm the subscriptions and be able to provide Maskatel this information upon request to that effect. If no evidence is available or is transmitted to Maskatel within the delay in the notice, the lot of email can be considered by Maskatel, in its sole discretion, as unsolicited which will result in a default under these Rules.

Maskatel reserves the right, in its sole discretion, to limit the number of recipients to whom the Customer sends an email, the number of subscribers on a email list with “membership option ” (opt in) of a Customer and the number of messages a Customer may send or receive through the Maskatel Email inbox.

Maskatel is never obliged to monitor the email service. However, Maskatel reserves the right to review the documents sent through the Maskatel Email inbox and delete any materials in its only discretion. Maskatel may, in its sole discretion, terminate the access to the Maskatel Email inbox at any time and without notice.

Maskatel reserves the right, at any time and without notice, to provide any information it deems, in its sole discretion, necessary in order to comply with any applicable law, regulation, legal process or governmental request. Maskatel also reserves the right, at any time, to edit, refuse to display or to remove any information or materials included in an email, entirely or partially, in its sole discretion.

Discussion forum

In addition to the article 2, without limiting the generality, in a discussion forum affiliated with Maskatel or not, the Customer is forbidden to do one or more of the following actions, but it is not limited to:

  • transmit, promote or publish unsolicited messages (spam), including, without limitation, commercial advertising and informational announcements, unless explicitly authorized by the administrators of the discussion forum;
  • publish binary files of any kind, regardless of the nature, unless explicitly authorized by the administrators of that discussion forum;
  • publish identical or nearly identical messages in more than ten (10) forums;
  • attach an excessively long signature;
  • create a false identity to mislead others or forge the emails’ headers in any way;

Conversation IRC / Chat

In addition to the article 2, without limiting the generality, while using an online communication software, affiliated with Maskatel or not, the Customer is forbidden to do one or more of the following actions, but it is not limited to:

  • transmit, promote or publish unsolicited messages (spam), including, without limitation, commercial advertising and informational announcements, unless explicitly authorized by the administrators of that online communication software;
  • attempt or try to attempt, denial-of-service attacks, overloading a service or attempting to cause failure of a host, the interruption of other Internet users’ sessions or consumption of excessive amounts of time unit of central processing, memory or disk space.

Network / Security

In addition to the article 2, without limiting the generality, the Customer using Maskatel’s Service Internet, is forbidden to do one or more of the following actions, but it is not limited to:

  • share the username and password account to open concurrent sessions from the same account;
  • causing the inability of an Internet Host to respond or deal effectively the service requests from other hosts;
  • analyse or enter the Internet Host’s security mechanisms;
  • falsify or forge any part the TCP / IP packets’ headers in any way whatsoever;
  • commit any act that could jeopardize, in any way, the Internet hosting service security.

In accordance with the Contract, the Customer is responsible for his system, his account and his Maskatel Email inbox safety. Maskatel will fully cooperate with the police force and other agencies responsible for law enforcement in any investigation arising from a breach of these Rules.

If numerous complaints of Rules violations are received by Maskatel’s staff, Maskatel may, in its sole discretion, charge the Customer for the complaint fees, in addition to administrative costs. This right is in addition to any other remedies applicable to a single complaint or repeated complaints, including Maskatel’s right to suspend or terminate the Contract at any time and without notice.

Other provisions

Maskatel may, at any time and in its sole discretion, modify these Rules. In such case, Maskatel will display a notice on its website at http://maskatel.ca/en/residential-services/terms-of-use/, on the bottom page. This modification is effective on the display’s date of the modified Rules. Maskatel assumes no responsibility towards Customers or other Internet users for the non-compliance of the Rules.

These Rules are governed by the applicable laws in Quebec. The parties acknowledge the exclusive jurisdiction of Quebec courts towards any matters discussed herein and agree to comply.

If a competent court declares that any provision hereof is invalid, illegal or unenforceable in any way whatsoever, the other provisions will not be affected and remain in force.

Maskatel default to insist on an absolute respect of any term of these Rules can not constitute a waiver of any breach and will not prevent it, subsequently, to insist on the absolute respect of this modality, or constitute a waiver of any subsequent breach sanction, whether or not of the same nature.

As for the Internet Service, the Client acknowledges and agrees that the downloading and uploading speeds may vary depending on several technical factors, some of which are beyond Maskatel’s control, including the global complexity of the Internet network, the configuration of the Client’s personal network, the use of wireless equipment and the influx of web users at certain hours. In this regard, Maskatel cannot guarantee to the Client the maximum performance levels of the Internet service (i.e. processing or speed).

Privacy policy and protection of privacy

Download Privacy policy

Groupe Maskatel LP (hereinafter ” Maskatel ” or “we “) considered that the right to privacy is one of paramount importance. This explain that we implemented this privacy policy and protection of privacy (hereinafter “Policy”) allowing the protection of your integrity and your right to disclose or not your personal information.

This Policy refers to how Maskatel collects, uses, discloses and protects personal information gathered about you. Our privacy practices are consistent with Quebec applicable legislation, including:

  • Canada’s federal privacy legislation, the Personal Information Protection and Electronic Documents Act (hereinafter ” PIPEDA “) ;
  • Quebec’s provincial privacy legislation the Act respecting the protection of personal information in the private sector (hereinafter ” RPPIPS “) ;

All personal information is collected in a fair, reasonable, equitable and non intrusive manner and with your consent. Personal information is only accessible for the specific function for which it is collected. Collected personal information is only accessible to those required to meet the purposes for which they are collected.

Maskatel values the privacy of its website’s visitors who may choose to transmit us personal information. We recognize the importance of appropriate protections and management of the personal information you provide us. This Policy will assist you to understand what types of information we may collect, how that information may be used and to whom the information may be disclosed.

This Policy explains Maskatel’s practices regarding the information collected online from users of the Maskatel website www.maskatel.ca (hereinafter “Website”).

If you have any question about this Policy, please contact Maskatel’s privacy officer of personal information with either of the following method:

  • by email to this following address: avislegal@maskatel.qc.ca;
  • by mail to this following address:
    Att : Director, Regulatory and Legal Affairs
    770, boulevard Casavant O
    Saint-Hyacinthe QC J2S 7S3
    Toll-free telephone: 1 877 627-5283

Type of information we may collect

  • ” Personal Information ” refers to any information concerning the personal or material circumstances of an identified or identifiable individual. An identifiable person is someone who can be identified, directly or indirectly, by reference to one or more specific factors to his physical, physiological, mental, economic, cultural or social identity.
  • Personal information shall include, but is not limited to: name, home address, home number, cell phone number, email address and employment related information such as may be found on resumes, background verification information or employment references.
  • ” Non-Personal Information ” is information that is already a matter of public record or knowledge. Business contact information is considered non-personal information and therefore not subject to special protection and it can be regularly shared with anyone inside or outside Maskatel. Business contact information shall include, but is not limited to: business name, business address, business telephone number, and is not considered personal information in some jurisdictions.

Maskatel’s commitment: adhering to the ten pricacy principles

In Canada, “Fair Information Practices” regarding your personal information are contained in a series of 10 privacy principles developed by the Canadian Standards Association and incorporated into Canadian federal privacy legislation PIPEDA. Maskatel adheres to the 10 privacy principles as follows:

Principle 1 – Accountability

Maskatel is accountable for all personal information under its control and has appointed a privacy officer who must ensure and meet compliance of Maskatel’s Policy and the 10 privacy principles. The privacy officer is the one identified herein.

Maskatel is also accountable for the personal information disclosed to a third party for any purposes described herein. In this regard, Maskatel takes reasonable means to ensure the confidentiality of personal information by third parties, in accordance with the Policy.

Principle 2 – Identifying Purposes for collection of personal information

Maskatel must identify the purpose for which personal information is collected at or before the time of collection. Some of the identified purposes for which Maskatel collects, uses and discloses your personal information (hereinafter the “Identified purposes”) are described below in this Policy.

In this regard, in the course of business, Maskatel collects personal information only for the Identified purposes :

  • establish, develop and maintain business relationships with customers, employees and other individuals with whom it deals;
  • sell, improve, develop or otherwise commercialize its products and services;
  • detect and assess customers’ interests, needs and expectations in order to improve the present services and products or to offer new products and services;
  • administer and manage its business;
  • ensure the systems efficiency, reliability and security;
  • meet legal and regulatory obligations

If we intend to collect, use and/or disclose your personal information for additional purposes, Maskatel will obtain your consent, unless the law provides otherwise.

Principle 3 – Consent

Maskatel will obtain your informed consent, verbally or in writing, for the collection, use or disclosure of your personal information, except as permitted by law or under this Policy. By using any services provided by Maskatel, you consent to the collection, use and disclosure of your personal information, including the terms of the contract between you and Maskatel.

In this regard, Maskatel could collect, use or disclose your personal information without your consent in any of the following cases:

  • when such collection, use or disclosure is clearly in your interest and that obtaining consent is not possible within a reasonable time under the circumstances, particularly in the case of an emergency, where the life, health or safety of a person is threatened;
  • when such collection, use or disclosure of confidential information is contrary to the purpose of that collection, use or disclosure, particularly in the context of a breach of your contractual obligations or to prevent or stop an illicit activity;
  • when such collection, use or disclosure of confidential information is made to any Maskatel agent assigned to debt collection, or is intended to allow Maskatel to meet any applicable law, subpoena, warrant or other order of a competent court.

Maskatel will not require you to consent to the collection, use or disclosure of information before providing a product or a service, unless the collection, use or disclosure in question is necessary for the purposes set in the Policy.

You may withdraw consent at any time, subject to legal or contractual restrictions between you and Maskatel and reasonable notice. However, given your refusal, Maskatel may not be able to provide all your products and services.

You may contact Maskatel to be inform of the implications of such withdrawal.

Principle 4 – Limiting collection

Maskatel will limit the collection of personal information, both the amount and the type, to what is necessary to meet the Identified purposes, or any other purpose for which Maskatel will obtain your consent.

Maskatel will collect your personal information by fair, honestly and lawful means, and not by misleading or deceiving you about the purpose for which information is being collected.

Finally, in addition to collect personal information mainly from you, Maskatel may also collect such information from other sources including credit bureaus or other third parties claiming to be authorized to communicate such personal information.

Principle 5 – Limiting use, disclosure and retention

Maskatel will not use or disclose personal information for purposes other than Identified purposes for which it was collected, except with your previous consent or as required by law. Maskatel will retain your personal information only as long as necessary to fulfill the identified purposes.

For your information, you understand that Maskatel may disclose your personal information to:

  • any third party operating a business of telecommunications services provider;
  • any third party engaged by Maskatel to provide services, including credit perception, credit analysis, credit survey, improvement of Maskatel operating business, etc.
  • any third party to whom Maskatel might want to sell part of its business, assets of any entity participating in Maskatel’s operational funding;
  • any other third party, when you consent or when such disclosure is required by law, including any communication at the request of law enforcement.

Only Maskatel employees who require access for business reasons, or whose duties reasonably require, are granted access to your personal information.

In some cases, personal information may be stored or processed abroad, and is subject to applicable laws in those countries.
Maskatel will retain your personal information only for the period necessary or useful for the Identified purposes, or for the period prescribed by law. When personal information was used to make a decision about you, Maskatel has the obligation to retain, for a reasonable period of time, to allow you to exercise your right to access the confidential information or the reasons of such decision.

Finally, personal information that is no longer necessary to Maskatel and which is no longer required by law, will be destroyed, deleted or anonymized.

Principle 6 – Accuracy

Maskatel will use reasonable efforts to ensure that your personal information is accurate, complete, current and necessary for the Identified purposes, all in order to minimize the risk that false personal information may be used to make a decision about you.

Principle 7 – Security Safeguards

Maskatel protects your personal information by appropriate security safeguards to its sensitivity.
Also, in the event that personal information is transmitted to third parties, Maskatel will sign agreements so that such third parties undertake to maintain the protection of your personal information.

Principle 8 – Openness

Maskatel will make available specific information about our policies and practices relating to the management of personal information.

Principle 9 – Individual access to personal information

Subject to certain exceptions, Maskatel undertakes, upon written request, to reveal you the existence, use and disclosure of your personal information and give you access to your personal information, all provided in an understandable way, within a reasonable time and at minimal or no cost, unless required by law.

However, notwithstanding what is provided above and in exceptional cases, in particular when personal information may be disclosed for legal reasons, security reasons or business reasons, Maskatel could refuse to provide access to all your personal information.
You have the right to challenge the accuracy and integrality of the personal information we hold and have the opportunity to correct the personal information, if required. In this regard, in case of error in such personal information, Maskatel will act promptly and expeditiously to correct these errors.

Finally, in order to access your personal information, please contact the Maskatel’s privacy officer of this Policy.

Principle 10 – Challenging compliance

You have the right to address a challenge concerning compliance with this Policy to Maskatel’s privacy officer.
In this regard, Maskatel should establish mechanisms to receive and to follow any complaint and all inquiries about our policies and practices regarding the management of personal information.

If Maskatel judge a complaint is justified, we will take appropriate measures, including amending our policies and practices, if necessary.

Terms and conditions of website use

The Website terms of use is located at maskatel.ca, at the bottom page, and contains important provisions disclaiming and excluding the liability of Maskatel regarding your use of our Website and provisions determining the applicable law and exclusive jurisdiction for the resolution of any disputes regarding your use of this Website.

Each of these provisions applies to any disputes that may arise in relation to this Policy and the collection, use and disclosure of your personal information, and are of the same force and effect as if they had been reproduced directly in this Policy.

Other dispositions

Maskatel may, at any time and in its sole discretion, modify this Policy. In such a case, Maskatel will display a notice on its website at the bottom of the page, and this modification is effective on the display’s date of the modified Policy. Maskatel assumes no liability toward you or other Internet users for the non-compliance of the Policy.

The Policy is governed by the applicable laws in Quebec. The parties acknowledge the exclusive jurisdiction of Quebec courts towards any matters discussed herein and agree to comply.

If a competent court declares that any provision hereof is invalid, illegal or unenforceable in any way whatsoever, the other provisions will not be affected and remain in force.
Maskatel default to insist on an absolute respect of any term of this Policy can not constitute a waiver of any breach of it and will not prevent it, subsequently, to insist on the absolute respect of this modality, or constitute a waiver of any subsequent breach sanction, whether or not of the same nature.

Website terms of use

Download Website terms of use

The site www.maskatel.ca (hereinafter ” Website “) belongs to Groupe Maskatel LP (hereinafter ” Maskatel ” or ” We “) and was created to offer information about Maskatel’s company, services, promotions, etc., and to interact with our customers. This Website includes text, images, audio and video clips, software, graphics, interfaces, or code and the possibility to chose the content, the arrangement and other items (collectively hereinafter ” Content “) provided by Maskatel or used under license by it, for the sole purpose of information.

By Accessing The Website Or By Downloading Content, You Agree To Be Bound, Without Limitation Or Reserve, And Are Deemed To Have Accepted The Terms And Conditions Attached To The Website (The “Terms”) And The Terms And Conditions Of The Privacy Policy And Protection Of Private Life. If You Do Not Agree With All Of The Terms Of Use, We Ask You To Stop Immediately Any Navigation On The Website And Leave It. Also, If You Do Not Respect These Terms, Maskatel Reserves The Right To Restrict Access To Our Website, Without Notice And Without Prejudice To Any Other Law That Could Claim Maskatel.

These Terms govern your use of all the Website features, as provided by Maskatel. Please take the time to read these Terms as they contain terms relating to your use and your navigation of the Website.

Preliminary remarks – Maskatel’s customers

If you are Maskatel’s customers you can access online to the MyAccount section; if you are a customer of our Internet service, you can access to your Maskatel email inbox. According to acceptable rules of use of the Internet service (the ” Rules “), you remain the sole and only responsible, to the entire exoneration of Maskatel, of the usernames and passwords used, in addition to all transactions performed in the MyAccount section, in the Maskatel email inbox and any modification made using one or these platforms.

Maskatel can not guarantee the Website maintain or any of the online services and may, at its sole discretion and at any time discontinue them without notice.

Website terms of use

The Website was created to facilitate the transmission of general information about Maskatel’s products and services offered in the normal course of business and initiate contact between Maskatel and our customers. In this regard, you can display it, subject to what is described below, download and print portions of certain area.

The information on the Website and the Content are provided for informational purposes only and are provided as is and as available. Maskatel does not guarantee the accuracy or exhaustiveness of the Website Content.

In this regard, by using or consulting the Website and the Content, you agree to the following:

  • prohibited from using the Website or the Content, or allowing or facilitating the use by any person, in a way that constitutes or encourages a criminal or civil offense or a violation of intellectual property rights, or in a manner that contravenes any law or regulation or causes interference with Maskatel’s network operations (for example, impede fair and proportionate use by others);
  • do not use the Website or the Content, or do not allow or facilitate its use by anyone to publish any Content that, in the opinion of a reasonable person constitutes a invasion of the privacy, a breach of physical or moral integrity or defamatory, abusive, racist, violent, hateful or intimidating content and do not to publish on the Website any content desecrating ethnic insults, homophobic insults, prejudicial insults to any religion or spiritual belief and any attack on a person or specific group of person ;
  • do not use the Website or the Content, or do not allow or facilitate its use by anyone without reading and accepting (or violating) the terms of any separate license agreement or terms provided by Maskatel, including Rules or other provisions of these Terms;
  • do not make, towards Maskatel’s employees, suppliers, agents or representatives remarks or acts that constitute harassment or abuse, verbal, written or else;
  • do not create or do not participate in the creation of website replicating, entirely or partially, the Website, the Content or any Maskatel’s trademark;
  • do not use the Website or the Content, or do not allow or facilitate its use by any person to transmit any communication which, in the opinion of a reasonable person is either advertising, commercial offer, spam or any form of solicitation;
  • do not use the Website or the Content, or do not allow or facilitate its use by anyone to publish Content that a reasonable person might consider rude, obscene, indecent, vulgar or sexually suggestive or in way that hits the standards of morality.
  • Finally, you acknowledge that you are solely responsible to guarantee that your systems have the capacity to use the Website.It Is Recommended To Use And To Update Your Antivirus, Anti-Spyware And Firewall On Your Systems That Provide Access To The Website.

Surveillance

Concern to offer quality content on the Website, Maskatel reserves a right of supervision over any Content published on it to ensure compliance with these Terms. Hereby, you consent to such monitoring.

Notwithstanding the foregoing, Maskatel does not make any representation about the surveillance of the Website to determine compliance with these Terms or that Maskatel will lay actions in the case of a disagreement with the compliance with these Terms.

Conditions related to the content

4.1 The Website Content does not reflect Maskatel’s opinion

The views, comments or positions statements contained in the Website only represent the views or positions taken by the author and in no time should be interpreted as endorse by Maskatel or its third parties suppliers. You acknowledge that Maskatel or its third parties suppliers can not be held responsible and therefore have no liability for any Content generated by a user of the Website, including, defamatory, hateful or otherwise offensive Content, notwithstanding the fact that the Content violates these Terms.

4.2 Suppression of improper Content of these Terms

Maskatel reserves the right to remove, at its sole discretion, any Content that it deems contrary to the conditions or the essence of the Terms, without any notice.

User behavior

5.1 Hacking and Reverse Engineering

You agree not to undermine or damage the Website. In particular, you agree not to overload, disturb, commit hacking, modify the source code of the Website or perform reverse engineering of the Website or any associated software. Moreover, you agree not to interfere with the use of the Website by other users.

5.2 Access to the Website

You agree to only access the Website through the http protocol using an Internet browser. You agree not to attempt to gain access to Maskatel’s servers, by any way, especially by using the administrator account. You also agree not to display or allow the use of any Website Content that is not publicly accessible.

5.3 Personal use only

Use or consultation of the Website is strictly personal. It is strictly forbidden to pretend to be a third party by using an account or by browsing our Website. You commit not to open more than one account on the Website.

5.4 Collection of information

You agree not to use processes, software or other means or automated or manual processes in order, to access, collect information, browse or scan the Website.

5.5 Authorized purpose only

You agree not to use the Website in any other purpose, commercial or other, not expressly authorized by these Terms.

Intellectual property rights

6.1 License concession in favor of Maskatel

By submitting Content to the Website, you grant us an unlimited, perpetual, transferable, non-exclusive license on the Content posted on the Website. You allow us to display it on the Website. The Content may be reproduced, reused, redistributed or modified in any way or form whatsoever, without your prior consent.

6.2 Grant of license by Maskatel

By using or browsing on the Website, we grant you a limited, non-exclusive license on the Content, allowing you to display, print for your personal and non commercial use, as well as share it on social networks, subject to your commitment to not alter the Content in any way. Any other use of the Content is prohibited.

The Content may not be reproduced, reused, redistributed in any way or in any form whatsoever other than as permitted under these Terms without the prior written consent of Maskatel.

6.3 Trademarks

The Website Content belongs entirely to Maskatel or to the holder identified by it, and is protected by applicable laws, including copyright laws. It is strictly prohibited to copy, reproduce, publish, rebroadcast, transmit or use in any manner without our prior written consent, except in accordance with these Terms.

In addition, all trademarks, registered or not, and all business names contained on this Website belong to Maskatel or the holder who validly granted a license.

Third parties website

7.1 Terms of Use and Privacy Policy

You acknowledge that the Website may be use by third parties websites, including Facebook, Twitter and Google+. These websites are governed by their own terms of use, which does not have the effect of replacing or cancelling the Terms.

You will find the terms of use and privacy policy at:

Facebook terms of use

Facebook privacy policy

Twitter terms of use

Twitter privacy policy

Google+ terms of use

Google+ privacy policy

You acknowledge that Maskatel is not aware of these policies and can not provide any recommendations or opinions on their content.

7.2 Content

Our Website may include links to other websites owned by third parties. Please be aware that Maskatel has no control over the content of those websites. Therefore, you acknowledge that Maskatel did not read all the content available on those websites, which links are in the Website Content. Maskatel disclaims any liability for any website content on which we have no control.

By accessing a website with a link in the Website Content, you do so, at your own risk. Finally, you acknowledge that the inclusion of such links does not mean that Maskatel sponsorship trademarks, business names, service marks, designs, logos, symbols or other material protected by copyright displayed thereon, that Maskatel is affiliated or associated or that Maskatel is legally authorized to use it.

Compensation

In the event of a third party claim against Maskatel or its representatives or agents, related, directly or indirectly, with a violation of these Terms, you agree to take up the defence of Maskatel, and to free us from any loss in connection with such claims, including legal fees.

Liability

Waiver and limitation of liability maskatel tries to provide the website in a secure framework and environment without defect. Nevertheless, you agree that your use of the website is at your own risk. Maskatel provides the website “as is”, without express or implied warranties, including the implied warranties of accuracy of information, or noninfringement.

Maskatel does not guarantee that the website is always safe and secure. Also, we do not guarantee that the website is error-free or that the website will work without interruption, delay or imperfection. Maskatel assumes no responsibility for actions, content, information or third party data.

By using the website, you release maskatel, members of the management, members of its board of directors, employees and agents from any liability for any claims or damages, known and Unknown, arising out of or related to complaints or damages against such third party. Whether damages result from this statement or despite the fact that maskatel has been advised of the possibility there of, maskatel can not be held liable for lost of profits or other consequential, special, indirect or incidental damages.

Maskatel total liability, under this statement does not exceed one hundred canadian dollar ($ 100). The highest value being considered. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, if the limitation or exclusion above do not apply, maskatel’s liability shall be limited to the maximum permitted by applicable law.

Also, maskatel, its affiliates and affiated compagy, and each of their respective directors, officers, employees, consultants and agents, can not be liable towards you or any other person from losses and damages whatsoever, including special or consequential damages that you may incurred directly or indirectly, from the use or the performance of this website, the information containd of the content thereof or from any other website you may access through this web site.

Scope of convention

These Terms are binding and enforceable not only to the parties, but also, to their liquidator of the succession, successors, inheritors, legatees, assignees, agents or employees, respectively and permitted transferees.

General provisions

11.1 Titles and references

The division of these Terms in articles, paragraphs and subparagraphs and the insertion of headings is used only for reference and can not be used to interpret these Terms. Also, reference to a section includes all the articles therein, reference to an article includes the paragraphs and reference to a paragraph includes the subparagraphs therein.

11.2 Divisibility

The invalidity of any of the provisions herein shall not affect the validity of the remaining provisions of these Terms, and shall be interpreted as if the invalid provision was omitted.

11.3 Default

Maskatel’s default or delay to exercise a right, action or privilege under these Terms do no contain a waiver to such right, action or privilege.

Also, Maskatel is not foreclosed from exercising any right, action or privilege, previously not exercised, entirely or partially.

11.4 Applicable Law

These Terms and their interpretation, execution, application, validity and effects are subject to the laws of the province of Quebec and the laws of Canada applicable therein govern partially or entirely all provisions contained therein.

11.5 Modification

Maskatel reserves the right, at any time and without notice, in its sole discretion, to modify the Website and the Terms. When the Terms are modified, Maskatel commits to change the date of the last update listed above.

If you continue to browse the Website, you agree to be bound by these Terms, including any modifications. Otherwise, your only option is to stop using the Website.

Do you have a complaint about your telecommunication service that we didn’t resolve? The Commission for Complaints for Telecom-television Services (CCTS) could help you for free: ccts-cprst.ca or 1 888 221-1687.»

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