1. Introduction
The following terms and conditions are the Terms of Use for our websites: www.mastrius.com and www.chat.mastrius.com (collectively the “Site”) made available by Mastrius Marketplace, Inc. (“Company”, “Mastrius”, “we”, “us” or “our”).
The purpose of the Site is to provide information, products, and services relating to Company’s mission, approach and initiatives.
The contents of the Site include, without limitation, all information, data, products, materials, services, software applications and tools, design elements, text, images, photographs, illustrations, audio and video contents, artwork, graphics contained therein or otherwise made available to you in connection therewith (collectively the “Contents”) and, unless the context clearly requires otherwise, or we explicitly say so in writing, the term “Site” includes all of the Contents.
These Terms of Use constitute a legally binding agreement between you and Company regarding your use of and access to the Site.
These Terms of Use do not alter in any way the terms and conditions of any other agreement you may have with Company, unless otherwise agreed to in writing by Company. If you breach any of these Terms of Use, your authorization to use the Site automatically terminates and you must immediately destroy any Contents in your possession and discontinue all use of the Site.
2. Provision of the Site by Mastrius
You acknowledge and agree that the form and nature of the Site may change from time to time without prior notice to you.
You acknowledge and agree that Company may stop (permanently or temporarily) providing the Site (or any features within the Site) to you or to users generally, at Company ‘s sole discretion, without prior notice to you. You may stop using the Site at any time. You do not need to inform Company when you stop using the Site or any of its features.
You acknowledge and agree that if Company disables access to your account, you may be prevented from accessing the Site, your account details or any files or other content which is contained in your account.
3. Use of the Site by You
Your use of the Site is subject to all applicable local, provincial, state and federal laws and regulations. You may not use, allow, or enable others to use the Site, or knowingly condone use of the Site by others, in any manner that is, attempts to, or is likely to:
In order to access certain products and services or as part of the account registration process, you may be required to provide information about yourself (such as identification or contact details). You agree that any registration information you give to Company will always be accurate, correct and up to date.
Unless you have been specifically permitted to do so in a separate agreement with Company, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Contents or any Company products and services for any purpose.
You agree that you are solely responsible for (and that Company has no responsibility to you or to any third party for) any breach of your obligations under these Terms of Use and for the consequences (including any loss or damage which Company may suffer) of any such breach.
4. Participation in News, Events, Submissions and Comments
The Site encourages submissions to almost any aspect of our Site. As a user content driven site directly related to your community, you are welcome to post any events, news items, photos, comments, classifieds or businesses (“User Content”). You acknowledge and agree that if you submit any User Content to the Site you will be solely responsible for such User Content. Company will not be liable in any way for any such User Content submitted. You further agree that you will not:
When submitting ANY User Content in ANY form to the Site, whether it be via message services, events, news, or comments, you are solely responsible for the content of any comments you make. You agree that no comments submitted by you to the Site will:
Company does not pre-screen, monitor or edit the User Content posted or submitted to the Site. However, Company reserves the right to edit, limit or remove any such User Content in its sole discretion. Notwithstanding, you shall remain solely responsible for any User Content you submit or post.
When participating in any publicly posted User Content on the Site, you may be exposed to User Content that is inaccurate, incomplete or unsuitable. The nature of the Site is to allow opinions and ideas, without infringing on others rights. Please notify Company (with the contact information posted at the bottom of this document) of any illegal or inappropriate User Content, and Company will take appropriate action. Company will ensure that any offending comments are removed, and take appropriate action against the offender. Company will not be responsible for the User Content or accuracy of any information, and shall not be responsible for any acts taken or decisions made based on such information.
Company may establish procedures and practices relating to the use of and participation in the Site. Such procedures and practices may include limitations on the number of entries and the size of files that may be submitted, limitations on the number and type of User Content submitted at any given time and the number of days content will be saved before deletion. Company will not be responsible for any User Content deleted by Company or otherwise, or for your inability to submit any User Content.
5. Accepting the Terms of Use and Additional Terms
By accessing and using the Site in any manner, you acknowledge that you have read these Terms of Use and all of the terms and conditions contained herein. Before continuing to use the Site, please read these Terms of Use and contact us if you have any questions.
Company reserves the right to amend, modify and supplement these Terms of Use from time to time as it sees fit with additional terms and conditions that govern certain information, content, products and services made available to you via the Site (“Additional Terms”). By accessing and using the Site, you accept and agree to comply with and be bound by such Additional Terms. Please review these Terms of Use from time to time to ensure that you are aware of and understand any Additional Terms.
The Additional Terms, the Privacy Statement and the Copyright Statement (located on the Site) are hereby incorporated by reference into these Terms of Use and form part of the legally binding agreement between you and us. To the extent that there is a conflict between these Terms of Use and any Additional Terms, the Additional Terms shall govern. These Terms of Use will remain in full force and effect as long as you are a user of the Site and, in the event of termination of any product, service or feature, you will still be bound by your obligations under these Terms of Use, the Privacy Statement, the Copyright Statement and any Additional Terms.
6. Click-Through Agreements
Before you use certain areas of the Site, you may be asked to indicate your acceptance of certain special terms and conditions by clicking on a button marked “OK” or “I agree”. Any special terms and conditions to which you agree will supplement and amend these Terms of Use.
7. Links to Third-Party Sites
Use of certain links on the Site will direct you away from the Site to third party websites. Such third party websites are not under the control of Company, and Company is not responsible for the contents of any such website or any link contained in such website. The third party links included on the Site are provided for your convenience, and the inclusion of such links does not imply a recommendation or endorsement by Company of any such website or the products or services offered therein.
8. Privacy and Personal Information
We may use your email address to verify your identity, protect against fraud, and contact you. In addition, we may use it to send you updates about your user account, new products and services, and Site updates. Your personal information will not be released to any third party. The list of Site members will not be bought, sold, loaned, re-appropriated, re-used, given or provided outside of Company for any reason. Any information you may receive from a third party via the Site will be facilitated and sent through Company, not through the third party.
Personal information submitted by users to the Site may be employed for the purposes of maintaining the integrity of the Site and its contents, contacting our users when necessary, and improving the quality of service provided by the Site. Company servers also collect information specific to how you use the Internet. Company servers note details such as the server you are logged onto and your IP address. This information is obtained solely for the purpose of maintaining the Site’s integrity and improving our service. Company may ask you for more personal information from time to time in a survey format. This information is specifically used to ensure that the Site is up-to-date and relevant, and that the products and services provided to you in advertising format are relevant and of interest to you. Any information used as demographics will not reveal the source, and will be kept secure. This further information provided by you is on an optional basis.
Company will employ a data measurement service for tracking the performance of an ad on behalf of the advertiser. The information collected will not contain personal elements, and will only be shared with that particular advertiser.
Company reserves the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our Site(s); or to protect our company and our Members. While we make every effort to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party “hackers” from illegally obtaining this information.
For more information about Company’s treatment and protection of personal information, please read our privacy policy at https://www.mastrius.com/privacy-policy. This policy explains how Company treats your personal information, and protects your privacy, when you use the Site.
Questions or requests with respect to your personal information may be sent via email to mastrius@mastrius.com.
9. Ownership of Intellectual Property Rights
The Site together with all trade-marks and other intellectual property displayed, distributed, or otherwise made available via the Site, is the exclusive property of Company, and its successors, assigns, licensors, and/or suppliers. Unless you have agreed otherwise in writing with Company, nothing in these Terms of Use gives you a right to use any of the Contents, Company ‘s trade-marks or other intellectual property of Company. You may not assign or transfer any of the Contents and you may not grant a license to use or access the Site to any party.
You may use the Site and the Contents solely for your non-commercial and limited personal use and for no other purposes.
No information or statement contained in these Terms of Use or the Site shall be construed as conferring, directly or by implication, estoppel or otherwise, any license or right under any patent, copyright, trade- mark, or other intellectual property right of Company or any third party. You must not alter, delete, or conceal any copyright or other notices contained on the Site, including notices on any of the Contents that you are permitted to download, transmit, display, print, or reproduce from the Site.
You may not allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Contents without the express prior written consent of Company or its owner if Company is not the owner.
Any unauthorized or prohibited use of any Contents may subject you to civil liability, criminal prosecution, or both, under applicable federal, provincial, state and local laws.
You may not create a link to the Site without Company’s prior permission. We may, however, if requested, grant a limited, nonexclusive right to create a link to the Site provided that such link is to the entry page of the Site and does not portray Company or any of its activities or services in a false, misleading, derogatory, or otherwise negative manner.
The limited rights granted to you under these Terms of Use may be revoked by Company at any time for any reason whatsoever.
Links to third party websites on the Site are provided solely as a convenience to you. If you use these links, you will leave the Site. Company does not control and is not responsible for any of such third party websites, their content or their policies, including, without limitation, privacy policies or lack thereof. Company does not endorse or make any representations about such third party websites or any information, software, products and services located there, or any results that may be obtained from using such software, products and services. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk. You acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the use of or reliance on any such third party websites.
10. Intellectual Property Infringement
We take intellectual property rights, both our own and others, very seriously.
If you are an owner of intellectual property (or the owner’s authorized agent) and believe that any of the Contents or the Site infringes your intellectual property, please notify us using the following procedure:
Please send a written notice of intellectual property infringement to: In your written notice, please provide the following information:
11. Third-Party Information
Any third-party content, data or publications made available through the Site are furnished by Company on an as-is basis for your convenience and information. Any opinions, advice, statements, services, offers, or other information made available by third parties, including program hosts, information providers, or any user of the Site, are those of the respective author(s) or publisher(s) and not of Company. Company disclaims any warranty or representation, either express or implied, that the information in such publications is accurate or complete.
12. No Warranty
You expressly understand and agree that your use of the site is at your sole risk and that the site and the
contents are provided “as is” and “as available.”
In particular, Company and its licensors do not represent or warrant to you that:
(a) Your use of the site will meet your requirements,
(b) Your use of the site will be uninterrupted, timely, secure or free from error,
(c) Any information obtained by you as a result of your use of the site will be accurate or reliable, and
(d) That defects in the operation or functionality of any software provided to you as part of the site will be corrected.
Any material downloaded or otherwise obtained through the use of the site is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you from Company or through or from the site shall create any warranty not expressly stated in these terms of use.
Company further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
13. Limitation of Liability
Subject to section 12 above, you expressly understand and agree that company, and its licensors shall
not be liable to you for:
(a) Any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability including, but not limited to, any loss of profit, loss of goodwill or business reputation, loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss; and
(b) Any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of:
(i) Any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the site;
(ii) Any changes which Company may make to the site, or for any permanent or temporary cessation in the provision of the site (or any features within the site);
(iii) The deletion of, corruption of, or failure to store, any user content and other communications data maintained or transmitted by or through your use of the site;
(iv) Your failure to provide Company with accurate account information;
(v) Your failure to keep your password or account details secure and confidential.
The limitations on Company’s liability to you in this section shall apply whether or not Company has been advised of or should have been aware of the possibility of any such losses arising.
14. Termination
We may terminate your use of the Site and/or access to the Contents, features, functionality, products and services made available in connection therewith, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.
If you want to terminate your account with Company, you may do so by closing your account, where Company has made this option available to you.
Company may at any time, terminate your use of the Site if:
(a) you have breached any provision of these Terms of Use (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms of Use);
(b) Company is required to do so by law (for example, where the provision of the Site to you is, or becomes, unlawful);
(c) the partner with whom Company offered the services to you has terminated its relationship with Company or ceased to offer the services to you;
(d) Company is transitioning to no longer providing the Site to users in the country in which you are resident or from which you use the Site; or
(e) the provision of the Site to you by Company is, in Company’s opinion, no longer commercially viable.
When these Terms of Use come to an end, all of the legal rights, obligations and liabilities that you and Company have benefited from, been subject to (or which have accrued over time while the Terms of Use have been in force) or which are expressed to continue indefinitely, shall be unaffected by such termination.
15. Indemnification
You agree to indemnify, defend, and hold harmless Company and its successors and assigns, and any of their respective officers, directors, employees, members, agents, representatives, licensors, advertisers, and suppliers from any liability, loss, claim, and expense (including reasonable legal fees) related to (a) your violation of these Terms of Use, and (b) your use of the Site.
We reserve the right to assume, at our sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement, or compromise, and you agree to fully cooperate with us in the defense of any such claim, action, settlement or compromise negotiations, as we may request.
16. General
These Terms of Use, together with any Additional Terms, the Privacy Statement and the Copyright Statement constitute the entire agreement between you and Company relating to your use and our provision of the Site.
You agree that Company may provide you with notices, including those regarding changes to these Terms of Use, by email, regular mail, or postings on the Site.
You agree that if Company does not exercise or enforce any legal right or remedy which is contained in these Terms of Use (or which Company has the benefit of under any applicable law), this will not be taken to be a formal waiver of Company’s rights and that those rights or remedies will still be available to Company.
If any provision of these Terms of Use is held to be illegal, invalid or unenforceable, this will not affect any other provision of these Terms of Use and the agreement between you and us will be deemed amended to the extent necessary to make it legal, valid, and enforceable.
The laws of the Province of Alberta and the federal laws applicable therein shall govern these Terms of Use in all respects, without giving effect to conflicts of laws principles.
No e-mail address found on the Site may be harvested or otherwise used for purposes of solicitation.
17. Obtaining Mastrius’ Consent
To request the consent of Company for any of the actions for which such consent is required under these Terms of Use, please send an e-mail to mastrius@mastrius.com. Company reserves the right to refuse any such requests in its sole discretion.
IMPORTANT – READ CAREFULLY: Mastrius Marketplace Inc. (“Mastrius”, “We”, “we”, “Us”, “us”, “Our” or “our”) is committed to protecting your privacy. This Privacy Policy applies to the collection, use and disclosure of personal information relating to you (“you”, “You”, “user” or “User”) by Mastrius through the website located at https://www.mastrius.com. READ THIS PRIVACY POLICY CAREFULLY BEFORE MAKING ANY USE OF THE MASTRIUS WEB SITE. BY MAKING ANY USE OF THE MASTRIUS WEB SITE OR PROVIDING ANY INFORMATION BY OR THROUGH THE MASTRIUS WEB SITE, YOU AGREE AND CONSENT TO THE PRACTICES AND POLICIES DESCRIBED IN THIS PRIVACY POLICY, AND TO THE COLLECTION, USE AND DISCLOSURE OF YOUR PERSONAL INFORMATION (AS HEREINAFTER DEFINED) BY MASTRIUS MARKETPLACE INC IN ACCORDANCE WITH THE TERMS OF THIS PRIVACY POLICY.
Through and in connection with the Mastrius website located at https://www.mastrius.com, Mastrius collects information about identifiable individuals (“Personal Information”) relating to use of the website and the ordering of products by users, which may include but may not be limited to the following information:
(i) your computer’s internet protocol (IP) address, which is information that helps us learn about your browser and operating system;
(ii) information that you send to us through our web contact form or that you provide to us for the purpose of subscribing to our mailing list or newsletter, including your name and e-mail address; and
(iii) contact information and address information associated with social media and other Internet accounts that you provide to us through and in connection with our social media accounts, including our Twitter and LinkedIn accounts, which information may include your web address, profile and related information associated with your social media accounts.
Mastrius only collects such Personal Information as is reasonably necessary for Mastrius to fulfil the purposes set out in this Privacy Policy.
Personal Information submitted to us, whether through the website or otherwise, may be used by us for the purposes specified in this Privacy Policy or as specified on the relevant pages of the website, and by using the website and providing your Personal Information you consent to the same. Mastrius may use your Personal Information to: (i) administer and operate the website; (ii) send you newsletters and/or mailings that you request; and (iii) inform you of products, promotions or services available from Mastrius and its affiliates and partners.
Personal Information that we collect may be uploaded, moved, stored, processed in, backed up and/or transferred between any of the countries in which we operate in order to enable us to use the Personal Information in accordance with this Privacy Policy. Your Personal Information may be uploaded, moved, stored, processed in, backed up and/or transferred in Mastrius’ discretion in jurisdictions other than Canada, and you consent to the same.
How do you get my consent? By using the website or providing your personal information to us, including by providing us with personal information to complete a transaction, verify your credit card, place an order, or arrange for a delivery or return a purchase, you consent to the collection, use and disclosure of your Personal Information as set out in this Privacy Policy, and acknowledge and agree that your Personal Information may be collected, used and/or disclosed by us in accordance with this Privacy Policy.
If we ask for your Personal Information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.
You may withdraw your consent to the collection, use and disclosure of your Personal Information as set out in this Privacy Policy, at any time. How do I withdraw my consent? If, after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use, or disclosure of your information, at any time, by contacting us at Mastrius@Mastrius.com or mailing us at:
Mastrius Marketplace, Inc.
32070 Willow Way
Rocky View County, Alberta T4C 2Y4
Attention: Michael de Boer
Withdrawal of your consent to the collection, use and/or disclosure of your Personal Information as set out in this Privacy Policy may result in certain aspects of the services provided through the website being unavailable to you.
Any Personal Information provided by you, or that is derived automatically by or through any Web Site and/or the Applications, is not sold, rented, or shared by us with any third party without your consent, except in the circumstances described in this Privacy Policy. This Section 4 does not apply to the practices of third parties, third-party sites, and third party applications that we do not control or manage.
You acknowledge and agree that We may use and/or disclose your Personal Information, without notice, if legally permitted to do so according to the relevant provisions of the Canadian Personal Information Protection and Electronic Documents Act, S.C. 2000, c. 5, the Alberta Personal Information Protection Act, SA 2003, c P-6.5, and any other relevant privacy enactment (collectively, the “Privacy Acts”). The Privacy Acts may permit the use and/or disclosure of Personal Information without notice if, for example: (a) the Personal Information could be useful in the investigation of a contravention of the laws of Canada, a province or a foreign jurisdiction; (b) the Personal Information is used or disclosed for the purpose of acting in respect of an emergency that threatens the life, health or security of an individual; and (c) the Personal Information is disclosed to comply with the edicts of the law, or to comply with a subpoena or warrant issued or an order made by a court. We may also disclose your personal information if you violate our Terms of Service.
We may engage other companies and individuals (“Third Party Service Providers”) to use your Personal Information for the purposes set out above. These Third Party Service Providers may require or be provided with access to your Personal Information in order to perform services on our behalf. In general, Third Party Service Providers used by us will only collect, use and disclose your Personal Information to the extent necessary to allow them to perform the services they provide to us. However, certain Third Party Service Providers, such as payment gateways and other payment transaction processors, have their own privacy policies with respect to the information we are required to provide to them for your purchase-related transactions.
We recommend that you read the privacy policies of Third Party Service Providers so that you can understand the manner in which your personal information will be handled by these providers. In particular, remember that certain Third Party Service Providers may be located in, or have facilities that are located in, a different jurisdiction than either you or us. So, if you elect to proceed with a transaction that involves the services of a Third Party Service Provider, then your Personal Information may become subject to the laws of the jurisdiction(s) in which that Third Party Service Provider or its facilities are located.
Links:
When you click on links on our website, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
Google Analytics:
Our website uses Google Analytics to help us learn about who visits our site and what pages are being looked at by visitors.
To protect your Personal Information, we take reasonable precautions to make sure to make sure is not inappropriately lost, misused, accessed, disclosed, altered or destroyed. You acknowledge and agree that we may, at our sole discretion, use a variety of security technologies and procedures to help protect your Personal Information from unauthorized access, use, and disclosure. For example, Mastrius limits access to your Personal Information to those of Mastrius’ employees who have a “need to know” the particular information for the purposes set out in this Privacy Policy, and may secure the Personal Information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure.
If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with an AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.
Personal Information shall not be kept by Mastrius for any longer than is necessary for the purposes identified in this Privacy Policy. Personal Information that is no longer required to fulfil the purposes identified in this Privacy Policy will be destroyed, erased, or made anonymous.
A “cookie” is a small text file consisting of alphanumeric identifiers that is placed on your hard disk by a Web page server. The identifier is then sent back to the Web page server each time the browser requests a page from the Web page server. Cookies contain information that can later be read by a Web page server in the domain that issued the cookie to you. Cookies do not typically contain Personal Information, but Personal Information that we store about you may be linked to the information stored in and obtained from cookies.
We reserve the right to modify this Privacy Policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this Privacy Policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.
Your continued use of this website subsequent to any modifications to this Privacy Policy, or otherwise expressing your agreement to same, signifies that you consent to the collection, use and disclosure of your Personal Information in accordance with the modified Privacy Policy. You should bookmark this page and periodically review this Privacy Policy to ensure that you are familiar with the most current version of the Privacy Policy.
If Mastrius is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you. In the event that Mastrius (or all, or substantially all, of Mastrius’ assets) were to be acquired by a third party, Mastrius’ collected customer information will be considered a transferred business asset.
You are entitled to access your Personal Information and information regarding Personal Information (including an accounting of the collection, use, and disclosure of your Personal Information) upon request. If your Personal Information is inaccurate or incomplete, or there is an error in Mastrius’s records relating to your Personal Information, you are entitled to have it corrected.
If you would like to: access, correct, amend or delete any Personal Information we have about you, register a complaint with Mastrius (including that Mastrius has not adhered to the terms of this Privacy Policy), or simply want more information, contact our Privacy Compliance Officer at Mastrius@Mastrius.com or by mail at:
Mastrius Marketplace, Inc.
32070 Willow Way
Rocky View County, Alberta T4C 2Y4
Attention: Michael de Boer
Last updated: February 2023