Legal Policies

Confidentiality Policy

Confidentiality Policy

Magic Light inc. is concerned about ensuring the protection of the information transmitted over the Internet, as well as respecting your privacy.

Magic Light inc. informs you about its security measures, its policy on the nature of the information collected about you when you use our website, the reasons why this information is collected, and how it is used.

What personal information does Magic Light inc. collect?

In certain circumstances or during a purchase or online order, Magic Light inc. requires that you provide your name, address, email address and, with your consent, other information.

What does Magic Light do with the information it collects?

The information that Magic Light inc. collects about you is used to open an account in your name, to join you in the event that you win a prize in a contest, to personalize relations with you and, with your authorization, to send you, from time to time, information about the website and its products in a customized way. Magic Light inc. would like to inform you that its advertisers and/or partners do not, at any time, have access to your confidential customer information. In addition, Magic Light inc. does not sell its lists of users. You always have the option to ask Magic Light inc. to stop sending information.

Conditions

Magic Light inc. reserves the right to modify this policy at any time. Magic Light inc. also reserves the right to transmit your personal information to the extent that the law would require Magic Light inc. to protect the copyright of the website or those of its users, partners, advertisers or suppliers.

Links to other sites

The Magic Light inc. website includes links to websites operated by other companies. By clicking on these links, you leave our site. Magic Light inc. has no control over the operation of these websites and the fact that they are listed on www.magiclight.net is in no way the responsibility of Magic Light inc. Any personal information that you transmit through these websites is subject to the personal information protection policies of these websites. We recommend that you pay special attention to the privacy policies of these websites.

Cookies

The «cookie» or «telltale mark» is a very small text file that is incorporated into your hard drive from certain website pages. Telltales are harmless in that they cannot extract information from your hard disk, over which you have full control. Magic Light inc. mainly uses cookies in order to determine traffic on the website, to transmit information that will be eminently useful to its marketing department, and to personalize the future use you make of the website. This technology does not systematically put personal information about you at Magic Light inc.’s disposal. You may modify your computer’s configuration at any time to no longer be subject to cookies.

Use Agreement

Use Agreement

An Agreement relating to the use of the magiclight.net website

In effect since November 15, 2002

Please read this Agreement carefully. It governs your use of the magiclight.net website and all products provided through this website (collectively, the magiclight.net website). This Agreement contains exemption provisions and liability limitations for magiclight.net and other persons, and contains other very important provisions, which you should read. Every time you use the magiclight.net website, you acknowledge and indicate that you have read and understood this Agreement and agree to be bound to it. You may not use this website if you do not agree to each provision of this Agreement every time you use it.

Every time you use the website, the text of this Agreement as it reads will govern your use. Consequently, when you use the website, you should check the date of the Agreement and be aware of any changes made to it since the last version.

1. YOUR ACCEPTANCE OF THIS AGREEMENT

This is an Agreement between you and magiclight.net, which governs your use of the magiclight.net website, its contents and the products provided through the website (collectively, the «website»). Every time you use the website, you indicate that you accept, and any person you purport to represent accepts (and for the purposes of this Agreement, «person» includes any incorporated or unincorporated entity), without limitation or qualification, to be bound by this Agreement and you represent and warrant that you have the legal authority to accept the current Agreement on your behalf and on the behalf of any person you may represent. If you do not agree with each provision in this Agreement, or if you are not authorized to agree to and accept this Agreement, or you do not have the legal authority to agree to and accept this Agreement, then you may not use the website.

2. CHANGES TO THIS AGREEMENT

You may not modify or amend this Agreement in any manner. Magiclight.net may, at its sole discretion, modify or amend this Agreement for any reason, from time to time, in regard to your future use of the website, without notice or liability to you or any other person, by posting a revised Agreement on the website.

3. AUTHORIZED USERS AND ACCESS

Only residents of Canada who have reached the age of majority or legal age in their jurisdiction of residence and are qualified to enter into a legally binding contract under applicable law may use the website. Persons residing in territories where access to or use of the website or any part thereof may be illegal or prohibited may not use the website. It is your sole responsibility to determine whether your use of the website is lawful, and you must comply with all applicable laws.

4. MISPRINTS AND ERRORS, PRODUCT AVAILABILITY, PRICES AND ORDERS

Magiclight.net makes every effort to ensure that the information provided on the website is current and accurate. However, printing errors or other errors may occur. Therefore, magiclight.net reserves the right to change the prices and fees applicable to the products and services offered through the website at any time, without notifying you or any other person, and without incurring any liability to you or any other person. Also, magiclight.net cannot guarantee that the products and services advertised on the website will be available at the time they are ordered or thereafter. In addition, magiclight.net reserves the right to refuse, correct or cancel an order or terminate an order at any time. If you order products or services for which the displayed price was inaccurate, magiclight.net will let you cancel your order. If you order products or services that are no longer available, magiclight.net will notify you by email. Magiclight.net reserves the right to limit quantities sold or licensed.

Ads on the website are invitations for purchase orders and are not offers to sell. Your completed and delivered order form constitutes your offer to purchase the goods or services indicated in your order. Your order is deemed acceptable only when magiclight.net sends you a notice of order acceptance and delivery to your email address. If you want to cancel an order, you can request to do so by email at info@magiclight.net. However, magiclight.net may not receive and process your cancellation request before it accepts and processes your order; in which case, your cancellation request may not take effect.

5. NO ADVICE OR SOLICITATION

The website is for convenience and information purposes only. It is not intended to provide a comprehensive or detailed statement regarding the matters addressed therein, nor any advice or recommendation, nor an offer to sell or purchase any product(s). You should consult a professional advisor before acting or not acting on information provided on or through the website.

6. DISCLAIMER, LIABILITY EXCLUSION, LIABILITY LIMITATION, RELEASE AND INDEMNITY

Magiclight.net makes every effort so your use of the website is a useful and enjoyable experience, and the website offers you an easy and secure way to buy products on the Internet. However, magiclight.net is not responsible for your use of the website. Therefore, the following provisions apply to your use of the website:

  • Disclaimer
  • You use the website at your own risk.

The website is provided on an «as is» and «as available» basis, and without any representations, warranties or conditions of any kind, whether expressed or implied, and including, without limitation, an implied warranty of merchantability, fitness for a particular purpose, performance or durability, all of which are hereby disclaimed by magiclight.net and its providers to the fullest extent permitted by law.

You (and not magiclight.net) will bear all costs arising from maintenance, repair or correction of computer or other hardware as a result of your use of the website.

The operation of the website may be affected by many factors that are beyond the control of magiclight.net. The operation of the website may not be continuous, uninterrupted or secure. Security and privacy risks cannot be eliminated.

Magiclight.net is not required to verify the identity of website users.
When using the website, you may have the opportunity to engage in commercial transactions with other people. All such transactions are at your own risk. Magiclight.net is not party to these operations and disclaims any liability regarding all such transactions.

Without limiting the generality of the foregoing, magiclight.net and its providers make no representations, warranties or conditions with respect to the following:

  • That the website will be compatible with your computer and your related hardware and software;
  • That the website will be accessible, that it will function without interruption, that it will be free of errors, or that any errors will be corrected;
  • That the website will meet your requirements;
  • That the information offered on or through the website will be accurate, complete, sequential or timely;
  • That any or some results may be obtained through the use of the website;
  • That the use of the website, including browsing and downloading information, will be free of viruses, Trojans, worms or other destructive or disruptive elements; or that the use of the Website will not infringe the rights (including intellectual property rights) of any person;
  • That the information offered on or through the website will be accurate, complete, sequential or timely;
  • That any or some results may be obtained through the use of the website;
  • That the use of the website, including browsing and downloading information, will be free of viruses, Trojans, worms or other destructive or disruptive elements; or that the use of the Website will not infringe the rights (including intellectual property rights) of any person;

And magiclight.net and its providers disclaim any and all liability regarding these matters to the fullest extent permitted by law.

LIABILITY EXCLUSION

Magiclight.net and its suppliers will in no way be liable to you or any other person for any loss of use, production, income or profits (anticipated or otherwise) or loss of markets, financial loss, any special, indirect or consequential damages or losses or punitive damages, whether contractual, tortious or otherwise governed by any other principle of law or equity, attributable to or related to your use of the website or its use by any other person, regardless of any negligence or misconduct or wrongdoing by magiclight.net or any provider or person for whom magiclight.net or its providers are responsible, and notwithstanding that magiclight.net or its providers may have been informed of the possibility of such loss or damage.

LIABILITY LIMITATION

The total liability of magiclight.net or its providers to you or any other person for any claims, proceedings, obligations, damages, losses and costs, whether they are contractual, tortious or otherwise governed by law or equity, regardless of any negligence or fault or wrongdoing on the part of magiclight.net or any person for whom magiclight.net is responsible, cannot in any case exceed $25 CAD or the amount you paid to magiclight.net for use of the website, whichever is less.

RELEASE

You hereby release and permanently discharge magiclight.net and its providers and all of their agents, directors, officers, employees, information providers and other suppliers and respective licensors and licensees, and all other related or associated persons, from all rights, claims, complaints, claims, causes of action, proceedings, responsibilities, obligations, attorneys’ fees, costs and disbursements of any nature, regardless of the cause, whether known or unknown, whether they exist now or in the future, attributable to or related to your use of the website.

INDEMNITY

You agree to indemnify magiclight.net and its providers and all of their agents, directors, officers, employees, information and service providers and other suppliers and respective licensors and licensees, and all other related persons or associates (collectively, the “indemnified persons”), from and against any and all liabilities and expenses and all costs including, without limitation, reasonable attorney and legal fees incurred by the indemnified persons in regard to any claim or demand attributable to or related to your use of the website or your breach of this Agreement. You agree to provide all assistance and cooperation reasonably required by the indemnified persons to defend against any such claim or demand.

Advice or information provided by magiclight.net or its representatives, orally or in writing, does not constitute any representation, warranty or condition, and does not alter this Agreement, including the disclaimer provisions, liability exclusion, liability limitation, waiver and indemnity provisions above, and you may not rely on such advice or information.

The exclusion of certain warranties and the limitation of certain liabilities are prohibited by law in some jurisdictions. Such restrictions may apply to you.

The disclaimer, liability exclusion, liability limitation, release and indemnity provisions of this Agreement remain in effect indefinitely following the termination of this Agreement.

7. LOGIN NAMES AND PASSWORDS

Website accounts are only accessible with a login name and a unique password. The use of a password does not restrict access by magiclight.net and its providers to password-protected information. Login names and passwords may not be shared. For security reasons, you must keep your login name and password confidential; you must not disclose them to anyone or allow anyone else to use them, other than an authorized representative of magiclight.net. Also, it is important that your password is not obvious, that it is difficult to guess, that it is confidential, and that you change it regularly. You must always log-out at the end of your session.

You are solely responsible and liable for any use or misuse of your login name and password and any activities performed under your login name and password. You must ensure that all uses of your login name and password comply with this Agreement.

You must immediately notify magiclight.net of any unauthorized use of your login name or password, or if you suspect that your login name or password has been lost or stolen, or has become known to another person, or has been otherwise compromised.

All login names and passwords remain the property of magiclight.net, who may cancel or suspend them at any time without any notice or liability to you or any other person. Also, magiclight.net is under no obligation to verify the identity or authority of the user of any login name or password.

You must promptly respond to email and other correspondence from magiclight.net, including, without limitation, emails and correspondence regarding complaints or questions regarding the use of your login name or password or your use of the website.

THE SECURITY AND PRIVACY PROVIDED BY PASSWORDS IS NOT INFALLIBLE AND CAN BE CIRCUMVENTED. USE PASSWORDS AT YOUR OWN RISK.

8. TERMINATION OF THIS AGREEMENT AND THE WEBSITE

If you breach any provision of this Agreement, you may no longer use the website.

Magiclight.net may, at its sole discretion, modify or suspend the website, in whole or in part, or any of its features, or terminate it, permanently or temporarily, at any time, for whatever reason, without notifying you, or any other person or without liability to you or any other person.

Magiclight.net may at any time and for any reason, with or without cause, and at its sole discretion, immediately suspend or withdraw, in whole or in part, your permission to use the website and your password, without notice to you or any other person and without liability to you or any other person.

If magiclight.net or you terminate this agreement, or if magiclight.net withdraws your permission to use the website, for any reason, this Agreement continues to apply and bind you with respect to your prior use of the website and your purchase of products and services through the website and any other connected matters.

9. INFORMATION SUBMISSIONS

All information that you provide through the website, including registration information (name and email address), payment information (credit card numbers and expiry dates) and transaction information, must be true, accurate, current and complete. You must also provide magiclight.net with updated registration or payment information within thirty days of any change.

Magiclight.net will rely on the information you provide. You are solely responsible for all damages, losses and additional costs that you, magiclight.net or any other person may incur as a result of the submission of any false, incorrect or incomplete information, or your failure to update your registration or payment information within thirty days of any change. Magiclight.net may require a copy of a government-issued identification document before making any changes to your registration information.

10. OWNERSHIP AND PERMITTED USE OF THE WEBSITE

The website and all information (text, graphics, video and audio), images, icons, software, design, applications and other elements offered on or through the website are the property of magiclight.net, its providers and others, and are protected by Canadian and International copyright, trademark and other laws. Your use of the website does not transfer any right of ownership or other rights for the website or its contents. You may use the website only as expressly described in this Agreement.

It is forbidden to use the website for purposes that are not expressly permitted by this Agreement. Except as otherwise expressly stated in this Agreement, the website may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, cataloged or otherwise distributed in any way in whole or in part, without the express prior written consent of magiclight.net. You may use the software used in the operation of the website only when you use the website. You may not reproduce, copy, duplicate, sell or resell any part of the website (including the software used in the operation of the website) or access to the website.

You may access and navigate the website using commercially available web browser software that uses the SSL protocol. You may print or download website pages for your personal use, provided you do not modify any website pages or any other part of its contents and do not remove or modify any visible or non-visible notices, identification, marks or disclaimers.

11. CONFIDENTIALITY AND PERSONAL INFORMATION

Magiclight.net collects, uses and discloses your personal information in accordance with its privacy policy and magiclight.net may change its privacy policy from time to time, at its sole discretion. By accepting this Agreement, and each time you use the website, you consent to the collection, use and disclosure of your personal information by magiclight.net in accordance with its privacy policy in effect, without any further notice or liability to you or any other person.

12. TRADEMARK INFORMATION

Magic Light inc., magiclight.net, and the Magic Light inc. logo are registered and unregistered trademarks and trade names of Magic Light Inc., and licensed to magiclight.net. Other product and company names and logos displayed on the website may be the registered or unregistered trade names, trademarks or service marks of their respective owners.

It is strictly prohibited to use the trade names, trademarks, service marks and logos (collectively, the “marks”) displayed on the Website in any way except as expressly provided by this Agreement. No endorsement appearing on the website or elsewhere shall be construed to grant, by implication, estoppel or otherwise, a license or the right to use the trademarks displayed on the website.

13. OTHER SITES

The website may include advertisements for, and links to other websites or resources and businesses operated by third parties (“other sites”). Other sites are independent of magiclight.net, and magiclight.net is not responsible or liable for other sites or their activities, products, services, or content. Links to other sites are provided for your convenience only. Magiclight.net does not sponsor or endorse other sites, their content or the goods and services offered through them. If you use other sites and deal with the owners or operators of other sites, you do so at your own risk, and you agree to make no claims against magiclight.net related to your use of other sites or your dealings with their owners or operators. The provisions of this Agreement set forth under the heading Disclaimer, Liability Exclusion, Liability Limitation, Release and Indemnity apply, with all necessary modifications, to your access to and use of any other sites and their business, products, services and content.

14. LINKING AND FRAMING THE WEBSITE

It is strictly forbidden to create links to the website without the express written permission of magiclight.net. You can request such authorization at webmaster@magiclight.net. Magiclight.net reserves the right to cancel and revoke any permission it may give to link to the website at any time, for any reason whatsoever, and without any notice and without any liability to you or any other person. The framing of the website or any of its content in any form or method whatsoever is strictly prohibited.

15. POSTINGS AND UNSOLICITED SUBMISSIONS

Magiclight.net does not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved goods, services or technologies, product enhancements, process improvements, materials, marketing plans or new product names. This policy is intended to avoid potential misunderstandings or disputes. Therefore, please refrain from sending unsolicited ideas or suggestions or other unsolicited material (“unsolicited information”) to magiclight.net or the website.

If you submit unsolicited information to magiclight.net or to the website, you automatically grant (or warrant that the owner of unsolicited information grants) to magiclight.net and its assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, worldwide, assignable and sub-licensable, right and license to use copy, reproduce, modify, adapt, publish, translate, distribute, create derivative works from, perform, display and otherwise exploit the submissions or any ideas, concepts, know-how or techniques associated with the submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of magiclight.net or its assigns, and you agree, represent and warrant that all moral rights in the submissions are waived in favour of magiclight.net and its assigns.

16. TRANSACTION AGREEMENTS

All transactions made through the website, including the purchase and sale of goods and services and the licensing of software, are governed by this Agreement and any applicable transaction Agreement. By participating in a transaction on the website, you signify your acceptance of the applicable transaction Agreement.

17. SOFTWARE AGREEMENTS

Magiclight.net may make software available to you that you can download from the website or other websites, including websites operated by providers. The software is protected by copyright, and your download and use of it are governed by the applicable transaction Agreement and the applicable software license Agreement. When you download software, you signify your acceptance of the applicable transaction Agreement and the software license Agreement.

18. CONTESTS

From time to time, magiclight.net may organize contests for website users and others. All contests are governed by this Agreement and the applicable contest rules. When you enter a contest on the website, you signify your acceptance of this Agreement and the applicable contest rules.

19. GOVERNING LAWS AND DISPUTE RESOLUTION

The website is controlled by magiclight.net. This Agreement, your use of the website, and all related matters are governed solely by the laws of the Province of Quebec and the federal laws of Canada applicable therein, excluding any rules of private international law or the conflict of laws that would lead to the application of any other laws.

Any dispute between magiclight.net and you or any other person arising from or connected with the website or related to your use of the website, this Agreement or any related matter shall be settled in the courts of the Province of Québec, in the city of Boisbriand, in Canada, and you hereby irrevocably recognize the original and exclusive jurisdiction of these courts with respect to any such dispute or matter.

Any claim or cause of action that you may have that arises from or is related to your use of the website, this Agreement, or any related matters must be brought before a court of competent jurisdiction in the City of Boisbriand, Québec, Canada within six (6) months of the date on which the claim or cause of action arises, after which time the claim or cause of action is forever barred, regardless of any statute or law to the contrary.

20. OTHER MATTERS

In the event that any provision of this Agreement is found to be unlawful, void or unenforceable for any reason whatsoever, then that provision shall be deemed to be severed from the rest of this Agreement and shall not affect the validity and enforceability of any remaining provisions.

The provisions of this Agreement benefit magiclight.net and its respective providers and their successors and assigns and related persons, including, without limitation, magiclight.net inc., and you and your heirs, executors, administrators, successors, permitted assigns and personal representatives. You may not assign this Agreement or the rights and obligations it grants to you without the express prior written consent of magiclight.net, which may be withheld by Magiclight.net at its sole discretion. Magiclight.net may, for its part, assign this Agreement and the rights and obligations that it confers without your consent.

No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.

You and magiclight.net are independent contractors, and this Agreement and your use of the website is not intended to create or not create a partnership, agency, joint venture, employment or franchise relationship.

All rights not expressly granted by this Agreement are those of magiclight.net.

This Agreement may be modified without notice.

Legal Note

Legal Note

All copyright, graphic design or custom programming are the property of Magic Light inc. The contents and intellectual property rights of this website may not be copied or used without prior written consent of Magic Light inc. This site and its contents may be referenced in the public domain only as long as this page is not removed or obscured in any way.

The information on this website may contain technical inaccuracies or typographical errors. All material on this website is protected by global copyright law. No part may be copied, reproduced, modified, published, broadcast or distributed without the prior written consent of Magic Light inc.

Total or partial reproduction of this website is strictly prohibited.

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