TERMS & PRIVACY

Welcome to http://www.brictek.com (hereinafter “the Website”).

Brictek encourages families to visit our website together as a shared activity.

This document (the “Agreement”) is a contract between you (“you”) and B.R.M.B. Inc. (“hereinafter “Brictek”) with respect to the terms of use of the Website. Brictek is a company duly registered under the Companies Act (Quebec), and has its principal place of business at 4865, rue Ambroise-Lafortune, suite 201, Boisbriand, QC, J7H 0A4, Canada. Please read all of the following terms and conditions carefully before using the Website.

You declare that you have the legal age to enter into this Agreement and that you accept all the terms and conditions hereof. If you do not or cannot agree to the terms of this Agreement, you must stop accessing or using the Website.

You also agree to examine the Privacy Policy, which governs the collection, use, and disclosure of any personal information that you may provide and which is available at this link below.

Amendment to the Agreement

Brictek may at any time amend all or part of this Agreement or any section hereof. You undertake to read such amendments and to be bound thereby. In the event of material amendments to the Agreement, Brictek shall notify you thereof by publishing a notice of amendment on the Website within a reasonable period of time.  Consequently, you must regularly read this Agreement. Amendments shall come be applicable upon publication of such notice of amendment by Brictek. In the event of a conflict between an amendment and an earlier version of the Agreement, the amended version shall prevail.

Use of the Website and registration

To access certain Website functions, you must provide your email address and name. During the registration process, you undertake to provide true, accurate, current, and complete information. You represent and warrant that you will not register under another person’s name or e-mail address unless you are the parent or legal guardian of the person.

Intellectual property

All rights, titles, and interests in and to the Website are the exclusive property of Brictek. The Website is protected by copyright, trademark, and other domestic and foreign intellectual property laws. You agree to refrain from copying, amending, reproducing, publicly posting, transmitting, selling or creating derivative works from the Website exploiting all or part of the Website, using or accessing any element or distributing the contents of the Website for commercial purposes, or otherwise using the Website or creating derivative works or websites therefrom. BRICTEK® and other trade-marks on the Website are registered trademark and are the property of Brictek.  The look and feel of the Website is also a trade-mark owned by Brictek.  No information or content of the Website shall be construed as directly or indirectly conferring a licence to use a trademark, patent or copyright. You may copy, privately post, and, from time to time, print a paper copy of pages contained on the Website solely for your personal, non-commercial use.

What if parts of these Terms and Conditions are deemed unlawful or invalid?

Should any part of these Terms and Conditions be deemed unlawful and/or invalid and thus not enforceable, this will not affect the validity and enforcement of the remainder of the Terms and Conditions.

 

Prohibited uses

As a condition to your use of the Website, you agree not to:

a)         impersonate or misrepresent your affiliation with any person or entity;

b)         access or use areas of the Website or Brictek’s computer systems that are not public;

c)         attempt to probe, scan, or test the vulnerability of the Website or any related system or network, or breach any security or authentication measures used in connection with the Website and such systems and networks;

d)         attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Website;

e)         harm or threaten to harm other users in any way or interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, by sending a virus, overloading, flooding, spamming or email-bombing the Website;

f)          use the Website in an abusive way contrary to its intended use, to its documentation or to Brictek’s reasonable instructions.

Brictek has the right to investigate and prosecute violations of any of the above, including, without limitation, possible infringements of any intellectual property rights and possible security breaches, and this to the fullest extent of the law. Brictek may involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement. You acknowledge that, although Brictek has no obligation to monitor your access to or use of the Website, it has the right to do so for the purpose of operating the Website, to ensure your compliance with this Agreement, or to comply with applicable law or the orders or requirements of a court, administrative agency, or other government body.

Communication and Protection of personal information

The Website is subject to Brictek’s Privacy Policy, available below section.

How does electronic communication between me and BRICTEK® work?

When visiting our Website, or sending emails to our Customer Service team, you are communicating electronically with us.  We communicate with you by email or by posting notices on the Website. For contractual purposes, you consent to receive electronic non-marketing communications from us, and agree that all agreements, notices, disclosures and other electronic communications that we provide satisfy any legal requirement that such communications be in writing. When placing an order, you may also elect to receive marketing and other communications from us. This clause does not affect any statutory rights you might have.

Anonymous information gathered through the Website

Brictek gathers anonymous information respecting use of its Website. Consequently, Brictek uses technology to know whether the pages of its Website have been consulted by visitors and to compile statistics on them and their use of the Website. This information is gathered by means of an analytical platform (such as Google Analytics), log files, and cookies.

We use cookies in order to remember your choices, to give you a better user experience by improving our web sites and for providing content more accurately suited to your needs.  This means we use cookies in order to remember:

(a)    Your browser settings, such as the type of browser you use and what plug-ins you have installed. This keeps us from bothering you every time you enter the site in order to make sure that you have the necessary equipment to play a game or download information from our sites. It also allows us to know how many people are using certain types of software, so that we can adjust our site to provide the best browsing experience for every visitor. Your language and region choice. This means that if you have once chosen English as a language this is the default language that will be using when you revisit us. Your movement on and usage of our sites. We do not collect Personal Information as part of this. We collect statistical data so we can optimize our site;

(b)   Recently used data – to improve performance. In case we store Personal Information in a cookie, the information will be encrypted and thus safe; and

(c)    Some cookies last until you close your browser, others are stored for longer. Our maximum cookie age is 400 days – as we want to make sure that you can find your information if you only visit us approximately once a year.

This anonymous information is gathered in such a way that Brictek is unable to identify the users.

We use third party companies as suppliers for some of our functions. Their use of the data is controlled by our contract with them and they are only allowed to use the data strictly for the purpose we have stated. e.g. the data is not used in connection with data from other companies and we are not tracking user behavior outside our own sites.

Most browsers automatically accept cookies. You can prevent cookies from being stored on your computer or device by setting your browser to not accept cookies. Some browsers provide a mode where cookies are always deleted after a visit. This is called InPrivate in Internet Explorer version 8 and newer; Incognito in Google Chrome version 10 and newer; Private Browsing in Firefox version 3.5 and newer; Private Browsing in Safari version 2 and newer and Private Browsing in Opera version 10.5 and newer. The exact instructions for this can be found in the manual for your browser. You can delete cookies already on your computer or device at any time. If you choose not to accept cookies at all, you can still visit our website, however we cannot guarantee an optimum experience without cookies.

Disclaimer of warranty and limitation of liability

TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, Brictek gives NO REPRESENTATION or warranty REGARDING THE WEBSITE, INCLUDING THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR WILL be compatible WITH ANY HARDWARE OR SOFTWARE PROVIDED BY THIRD PARTIES, THAT THE WEBSITE WILL BE UNINTERRUPTED, WITHOUT PROBLEMS OR ERROR FREE, OR THAT ALL ERRORS IN THE WEBSITE WILL BE CORRECTED. Brictek PROVIDES THE WEBSITE “AS IS” AND “AS AVAILABLE”.

TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, BRICTEK’S WARRANTIES AND REMEDIES EXPRESSLY SET FORTH HEREIN (IF ANY) ARE EXCLUSIVE AND REPLACE ALL OTHER WARRANTIES, BE THEY EXPLICIT OR IMPLIED EITHER IN FACT OR BY OPERATION OF LAW, DUTIES, ORAL OR WRITTEN STATEMENTS OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, AVAILABILITY, PERFORMANCE, COMPATIBILITY, SUITABILITY FOR A PARTICULAR PURPOSE, SATISFACTORINESS, COMPLIANCE WITH DESCRIPTION, AND NON-INFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.

TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL BRICTEK AND ITS SUPPLIERS OR LICENSORS BE HELD LIABLE, WHETHER BASED ON A CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR STRICTLY LIABLE, FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES WHATSOEVER, OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS OR GOODWILL, LOSS OR CORRUPTION OF, OR UNAUTHORIZED ACCESS TO, OR DISCLOSURE OF INFORMATION OR DATA, OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE USE, PERFORMANCE, FAILURE, OR INTERRUPTION OF THE WEBSITE, WHETHER FORESEEABLE OR NOT, AND THIS EVEN IF BRICTEK HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT BRICTEK IS FOUND LIABLE TO PAY YOU DAMAGES, BRICTEK’S TOTAL CUMULATIVE LIABILITY TO YOU UNDER THIS AGREEMENT SHALL NOT EXCEED $100. THE ABOVE LIMITATIONS OF LIABILITY WILL NOT BE AFFECTED IF ANY REMEDY PROVIDED HEREIN FAILS IN ITS ESSENTIAL PURPOSE.

Compensation

You agree to defend, indemnify, and hold harmless Brictek, its officers, directors, affiliates, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, that are in any way connected with your access to or use of the Website.

Termination

Brictek may terminate this Agreement and cancel your access to the Website at any time. Brictek undertakes to give you reasonable prior notice of this termination unless such termination is caused by your failure to comply with this Agreement or the law.

Miscellaneous

This Agreement shall be governed by and interpreted in accordance with the laws of the Province of Quebec and the applicable Canadian laws. Parties hereby irrevocably submit to the jurisdiction of the courts of the district of Montreal, Province of Quebec.

This Agreement constitutes the entire agreement between Brictek and you regarding the use of and access to the Website, and this Agreement supersedes and replaces any prior agreements between Brictek and you regarding the Website.

This Agreement shall be binding upon, enuring to the benefit of, and enforceable by and against each of the parties and their respective successors and assigns. Brictek shall be allowed to assign this Agreement to any third party without requiring your consent.

Nothing in this Agreement shall constitute a partnership or joint venture between you and Brictek or between Brictek and any third party, including, without limitation, any third-party advertiser.

Should a particular provision of this Agreement be held to be invalid by a court of competent jurisdiction, such provision shall be deemed severed from this Agreement and shall not affect the validity of this Agreement as a whole.

Contact

If you have any concerns, questions, or complaints regarding this Agreement, please contact Brictek Media:

By mail at:

B.R.M.B. Inc. Brictek
4865, rue Ambroise-Lafortune, suite 201,
Boisbriand, QC,
J7H 0A4,
Canada.

By e-mail at:   brictek@brictek.com

The Agreement was last updated on March 25, 2017.

PRIVACY POLICY

Protecting your privacy is very important to us.

This privacy policy (the “Policy”) describes the policies and practices of B.R.M.B. Inc. (“Brictek”) with regard to personal information that we collect about you (“you”).

This privacy policy governs any kind of processing (including collection, use, transfer, storage and deletion) of Personal Information of either consumers of BRICTEK® products or services. This policy applies to our processing of Personal Information collected online through any means, actively as well as passively, from persons located anywhere in the world.

Collection, use and disclosure of Personal Information

Personal Information

The term “Personal Information” means information about you that can be used to identify you, such as your name, birthday, email or mailing address or telephone number. You can view our home page or browse our Website without your Personal Information being collected or used.  Brictek only collects Personal Information that you voluntarily provide.

Collection and use of Personal Information

Brictek collects your Personal Information to compile a file on you and serve you better but only with your consent.

Generally, BRICTEK will be guided by the following principles when processing Personal Information:

1. Brictek will only collect Personal Information for specific and specified purposes;

2. Brictek will not collect Personal Information beyond what is necessary to accomplish those purposes;

3. Brictek will not use Personal Information for purposes other than that for which the data was collected, except as stated herein, or with prior consent;

4. Brictek will not transfer Personal Information to third parties or across borders, except as stated herein, or with prior consent;

5. Brictek will seek to verify and/or update Personal Information periodically, and we will accept requests for amendments of Personal Information;

6. Brictek will apply high technical standards to make our processing of Personal Information secure;

7. Except when stated herein, we will not store Personal Information in identifiable form longer than is necessary to accomplish its purpose, or as is required by law.

Purposes for which Brictek uses your Personal Information include:

          To inform you of new products and services we will be providing;

          For marketing purposes and market research;

          Internally, to help Brictek improve its Website and service;

          For answering questions regarding the Website and providing customer service;

          Any other use authorized by law.

Disclosure of Personal Information

Brictek does not sell or disclose Personal Information to unrelated third parties without your consent, except under the following specific cases:

          Personal Information may occasionally be communicated to third parties who process it for us in accordance with the purposes for which it was originally collected or for purposes to which you have subsequently consented. For example, sometimes a third party may have access to your Personal Information in order to handle mailings on behalf of Brictek.

          Brictek may disclose your Personal Information to third parties to comply with the law or at the request of a government body, or in the event of Brictek’s sale, merger, reorganization, dissolution or similar event.

          Brictek may disclose Personal Information to its affiliates for marketing purposes.

          Where appropriate, Brictek requires third parties to enter into an agreement providing for adequate precautions to protect your Personal Information.

Only employees who need to access your Personal Information for the performance of their duties for the purposes listed above will have access to your Personal Information. Such employees are bound to maintain the confidentiality of the information as well as to handle it responsibly and in compliance with the law and this Policy.

Transfer of Personal Information to third parties and/or other countries

We do not process Personal Information on behalf of third parties, nor do we sell Personal Information to, or share Personal Information with, third parties for their own, independent use.

We will disclose Personal Information when legally obligated to do so under subpoena or court order, or for law enforcement purposes.

Solicitation

Providing Brictek with your email address or telephone number indicates that you consent to Brictek contacting you by email. This consent authorizes Brictek to send you any information regarding the Website, to inform you of other services and opportunities that may interest you, and to get your opinion on the quality of the Brictek Website.

If you no longer wish to be contacted by email, you may unsubscribe to the mailing list by clicking on the link provided for in the e-mail or you may send a written request to the Brictek privacy officer at the following address and your request will be treated within 5 working days:

Mail:  B.R.M.B. Inc. Brictek
           Privacy Officer
          
4865, rue Ambroise-Lafortune, suite 201
         Boisbriand, QC, J7H 0A4
         Canada

Email: brictek@brictek.com

Links to other websites

Brictek posts some links to other websites on its Website.

Brictek assumes no liability regarding the collection, conservation, use and communication practices of these websites regarding Personal Information. Brictek urges you to examine the privacy policy posted on any site you visit before providing any Personal Information that could be used to identify you.

 

Accessing your Personal Information and complaints

Your Personal Information is kept on the servers of our third party service provider MailChimp® at : [https://us15.admin.mailchimp.com/lists/].

Subject to the applicable legal restrictions, you are entitled to access your file and correct your Personal Information by sending Brictek a written request to that effect.

Brictek makes every reasonable effort to ensure the updating, accuracy and integrity of your Personal Information. It is, however, your responsibility to inform Brictek promptly of any change of name, address or other relevant element of your Personal Information.

We also urge you to contact Brictek if you have any concerns or complaints regarding your Personal Information or this Policy.

To send written requests or to obtain information on this Policy, you can contact the Brictek privacy officer at:

Mail: B.R.M.B. Inc. Brictek
           Privacy Officer
          
4865, rue Ambroise-Lafortune, suite 201
         Boisbriand, QC, J7H 0A4
         Canada
 

Email: brictek@brictek.com

 

Amendment to the Policy

Brictek reserves the right to amend this Policy at any time. We therefore encourage you to visit our Website regularly to consult the most recent version.

This Policy was last updated on March 28th, 2017

To send written requests or to obtain information on this Policy, you can contact the Brictek privacy officer at:

Mail: B.R.M.B. Inc. Brictek
           Privacy Officer
          
4865, rue Ambroise-Lafortune, suite 201
         Boisbriand, QC, J7H 0A4
         Canada
 

Email: brictek@brictek.com