Terms of Use

Terms of use for our website

Acceptance of terms

By accessing and using the website thenewind.com (the "Site"), you agree to be bound by these terms of use (the "Terms"). If you do not accept these Terms, you must stop using the Site.

About us

The Site is operated by Entreprises Netcap Inc., doing business as Newind and Newind Marketing, a digital marketing agency offering strategy and marketing services to various businesses.

Use of the site

You agree to use the Site only for lawful purposes and in accordance with these Terms. In particular, you agree not to:

  • Use the Site in a manner that may harm, disable, or compromise its operation
  • Access or attempt to access systems or data without authorization
  • Use the Site to transmit false, misleading, or unlawful information

We reserve the right to suspend or restrict access to the Site in case of misuse.

Intellectual property

All content on the Site, including but not limited to text, images, logos, graphics, and visual elements, is protected by applicable intellectual property laws and remains the property of Entreprises Netcap Inc. or its partners.

Any reproduction, distribution, or use without prior written authorization is prohibited.

Services and provider role (Bill 25 compliance)

Newind acts as a marketing agency and may process personal information on behalf of its clients in the context of marketing mandates, advertising campaigns, digital platforms, or technology tools. In these situations:

  • We act as a service provider within the meaning of Bill 25
  • The client remains the controller of personal information
  • The client's policies and terms take precedence over these Terms when applicable

We commit to processing personal information only according to our clients' instructions and in compliance with applicable legal requirements.

Forms, communications, and consent

When you use the Site's forms:

  • You agree to provide accurate and complete information
  • You consent to our use of this information to respond to your request

Electronic communications may not be fully secure, and you acknowledge that you use these means at your own risk.

Protection of personal information

Use of the Site is also governed by our Privacy Policy, compliant with Bill 25, which describes:

  • The information collected
  • Processing purposes
  • Users' rights

By using the Site, you acknowledge that you have read this policy.

Cookies and technologies

The Site uses cookies and similar technologies to improve the user experience and analyze browsing.

You may configure your browser to refuse these cookies, subject to possible functional limitations.

Limitation of liability

The Site is provided "as is" without warranty of any kind. To the extent permitted by law, Entreprises Netcap Inc. shall not be liable for:

  • Direct or indirect damages resulting from use of the Site
  • Interruption, unavailability, or technical errors
  • Loss of data or revenue

Indemnification

You agree to indemnify and hold harmless Entreprises Netcap Inc., its officers, employees, and partners from any claim, loss, or damage resulting from:

  • Your use of the Site
  • Your violation of these Terms
  • Any non-compliant use of information or services

Security

We implement reasonable security measures to protect the integrity of the Site. However, no method of transmission or storage is completely secure.

Modifications

We may modify these Terms at any time. Changes take effect upon publication.

Governing law

These Terms are governed by the applicable laws of Quebec and Canada.

Any dispute shall be submitted to the competent courts of the judicial district of Quebec.

Contact information and privacy officer

For any questions regarding these Terms or the protection of personal information:

Entreprises Netcap Inc.461 Chem. de la Grande-Côte, Suite 204Rosemère, Quebec J7A 1L3Email: philippe.baron@thenewind.com
Personal information protection officer:Philippe Baron

Acknowledgement

By using this Site, you confirm that you have read, understood, and accepted these Terms of Use.

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