Safeguard of privacy

No users are obliged to disclose any personal information whatsoever to access the contents Toromont Cat. (Toromont Cat) website (hereinafter called “this site”).  Toromont Cat nevertheless offers, through this site, certain particular advantages and services requiring a user to provide it with personal information if that user wishes to benefit therefrom. And this is the case, for instance, when a user wants to subscribe to a distribution list in order to receive information on Toromont Cat or to enter a contest.

If a user opts to send Toromont Cat personal information by filling out a form for this purpose and then submitting it on this site, Toromont Cat will have recourse only to the information required to respond to the user’s demand and to allow for follow-up thereto. Electronic messages are processed according to the same confidentiality measures as regular mail.

Since the personal information created, gathered or kept by Toromont Cat is subject to the Act respecting access to documents held by public bodies and the protection of personal information (R.S.Q., c. A-2.1), all individuals have an access right and, in some cases, a right to rectify information that concerns them and that is retained by Toromont Cat. This information is kept during the time specified in Toromont Cat records retention schedule, in accordance with the Archives Act (R.S.Q., c. A-21.1).

Toromont Cat doesn’t sell, rent, exchange, loan or transfer any personal information that is sent to it through electronic means of communication, unless the sender of such information consents to it or unless Toromont Cat is obliged to do so by law or following a decision of a competent court. The user can unsubscribe at any time from the newsletter and be removed from Atlantic’s data base.

When a user accesses this site, an exchange of data is automatically made between this user’s computer and Toromont Cat computer system. This data consists of:
  • the Internet domain name, the Internet protocol address, the type of browser and the type of computer operating system that the user has, in order to access this site
  • the date and time of access
  • the pages browsed
  • the address of any referencing website
This exchange of data is essential in order for the Toromont Cat server to send files that are compatible with the type of computer equipment operated by the user. This data is kept in a log file and makes it possible to compile statistics and technical information relating to the use of this site. Nevertheless, this data doesn’t make it possible to personally identify the user. Toromont Cat does not try to determine the personal identity of a user, unless if it detects an operation that is contrary to the terms and conditions for using this site. In general, this site doesn’t contain any cookies. Users may configure their web browser in such a way as to prevent such files from being installed on the hard disk of their computer. In so doing, however, they will not be able to access some of the services or documents offered on this site.

There are no secure areas on this website, allowing for a separate and confidential dialogue between a user’s computer and an Toromont Cat computer system. In general, no data transmission on the Internet can be fully protected against misappropriation or malicious use. Toromont Cat consequently cannot guarantee that the information intended for its use and sent to it by e-mail or Internet will reach it without having been falsified, consulted or altered or without the integrity of that information or its authenticity having possibly been involved in another way, nor even that this information will reach its intended destination. Our Toromont Cat commitment with regard to the protection of personal information solely relates to the processing of information that is actually in its possession.
 

Terms of Use

Thank you for consulting the website of Atlantic Tractors and Equipment (Toromont Cat).

The Toromont Cat website, hereinafter called “this site”, provides general information as well as certain tools and forms. The user who accesses this site and navigates on it, using or downloading documents, forms or tools, accepts the terms and conditions of use, as described hereinbelow. Please carefully read the following, as a user of this site is deemed to have read and accepted the terms and conditions set forth herein as well as acknowledged their validity and thereby agrees to comply with them and be bound by them. Toromont Cat may modify these conditions at any time and without notice. The date of the most recent change made to these terms and conditions is marked at the bottom of this document. Should the terms and conditions be modified, the user is bound by such changes.

These conditions form all the rights and obligations binding Toromont Cat and any user of this site, and they replace any and all terms and conditions or previous provisions relating to the use of this site. No verbal or written declaration of an employee or officer of Toromont Cat nor any other person may have the effect of modifying or replacing the present terms and conditions.

This site is operated and powered by a computer located in Montréal, province of Québec, Canada. The contents and use of this site are governed by the relevant laws of Nova Scotia (Toromont Cat Head Office) and Canada. The present terms and conditions, as well as any dispute or disagreement arising from their enforcement, shall be interpreted in accordance with these laws. Should any part of these terms and conditions be contrary to the law, null or unenforceable, that part shall be severed from these terms and conditions and shall not affect the validity and enforceability thereof, and these terms and conditions shall henceforward be interpreted without making reference to the severed part. Any recourse, action, motion or legal proceedings based on the contents or use of this site and taken against Toromont Cat or involving the latter, shall be carried out before a court of Nova Scotia or a Federal Court of Canada, despite any potential application of the conflict of law principles.

Copyright

Toromont Cat owns all the contents of this site, whether in written, visual, binary, audio or other form. These contents are protected by Canadian and international copyright legislation (and in particular, by the Copyright Act, R.S.C. 1985, c. C-42). Toromont Cat holds copyright over such aspects as the selection, coordination and arrangement of these contents as well as over the improvements thereto. It is illegal to reproduce, modify, download, publish, copy, post, display, share, index in a database or otherwise distribute all or part of these contents as well as capitalize on them, and in particular, by taking part in their sale or transfer or by creating works arising therefrom. Toromont Cat nevertheless allows any user of this site to make a copy of these contents, subject to the restrictions on the use of official marks and other marks, without any specific authorization or charges, provided that:
 
such copy results from one single download, on one single computer
such copy is made for strictly personal purposes and in no way for commercial or lucrative ones
Toromont Cat is clearly identified as being the source of the copied documents
the copy is not presented as an official version of the copied documents nor as a copy made in cooperation with Toromont Cat, under its supervision or with its consent
following such copy, the contents of the documents copied are not modified with the purpose of or for the result of interfering with the Toromont Cat moral rights

Toromont Cat grants no licenses other than the one stated hereinabove and moreover reserves all its intellectual property rights over the contents of this site.
Users of this site agree to having Toromont Cat freely capitalize on or use the ideas, concepts, expertise or techniques of which it is electronically informed, regardless of the purpose, and they transfer to Toromont Cat their potential rights in this respect, without Toromont Cat being obliged to pay any royalties or other payments whatsoever, but subject to the Toromont Cat commitment with regard to the protection of personal information.
 

Official mark and trademarks

The expression “Toromont Cat”, “Atlantic Tractors and Equipment” and Toromont Cat logo are an official mark of a public authority within the meaning of sub-paragraph 9(1)(n)(iii) of the Trademarks Act (R.S.C. 1985, c. T-13), and are duly registered as such.

Moreover, certain graphics, logos, icons, drawings, expressions, words or slogans on this site constitute, or may constitute, official marks, trademarks, service marks or certification marks pursuant to the laws of Canada or to those of any other country. These marks may be registered as such. The fact that such marks can be displayed on this site is not tantamount to granting or transferring any license whatsoever.

Toromont Cat reserves all its rights with regard to any official mark, trademark, service mark or certification mark that it owns and uses. It is illegal to download, copy, post, display, share or otherwise distribute such a mark. Toromont Cat will exercise all appropriate legal recourse against any person using a mark that it owns or that it uses itself.
 

Integrity and accuracy of information

Toromont Cat endeavors to ensure that the information available on this site is complete, accurate and up to date. This information comes from sources that Toromont Cat considers to be reliable and it is regularly updated. It may nevertheless contain inaccuracies, omissions, typographical errors or other defects. Consequently, this site and all of its contents are made available to the public “as is”, without any warranty of any nature, whether express or implied, including, among others, implied warranties of merchantability, non-infringement or inadequacy with regard to particular uses or needs.

WHEN USING THIS SITE, INCLUDING THE TOOLS, FORMS AND INFORMATION PROVIDED HEREIN, YOU AGREE TO DO SO AT YOUR OWN RISK. Toromont Cat MAKES NO STATEMENT NOR PROVIDES ANY GUARANTEE OF ANY NATURE WHATSOEVER REGARDING THIS SITE, INCLUDING THE TOOLS, FORMS AND INFORMATION FOUND HERE.

Without limiting the generality of the foregoing, Toromont Cat provides no warranty with regard to the availability or stability of the contents of this site, with regard to the possibility of accessing it or to the accuracy, reliability or exactness of the information provided, and in particular that which relates to the schedules, Toromont Cat partners, legislation or regulations, the availability of the transportation services described or to public calls for tenders. The user is asked to take note that this site is regularly subject to technical maintenance operations, which may limit or prevent access thereto. Toromont Cat may, at its own discretion, suspend, cease or limit the use of any part of this site, at any time, without notice or responsibility.

Toromont Cat may not be held responsible for any direct or indirect damage whatsoever that is sustained with regard to the use of this site, and including, among others, special, punitive, exemplary, incidental or consequential damage, mental anguish or loss of benefits, loss of revenues or loss of information, damage for operating losses or loss or erasure of programs or data in an information system, nor any other expenses or damage that might result from the use or unavailability of this site, from the algorithms it contains, from the incompatibility of any software downloaded or copied therefrom, from any interruption, defect, delay in processing or transmission, or from the presence of any computer virus, worm or Trojan or any other harmful elements, or from a power failure or system outage, and all this whether or not Toromont Cat is informed of the possibility of such damage, loss, harm or expense.

Everyone who uses this site does so at his or her own risk and agrees to indemnify Toromont Cat and hold it harmless as well as its officers, directors, employees, suppliers, contractors or authorized agents, against any and all civil, criminal or quasi-criminal liability related to the use of this site, irrespective of any negligence on the part of the above-mentioned parties. Unless otherwise specified, any and all amounts of money indicated on this site are expressed in legal tender of Canada.
 

Illegal modifications and content

Toromont Cat does not authorize the users of this site to modify, reformulate, adapt, alter, adjust, rearrange, disassemble, decrypt or change the parameters of the contents, except insofar as the information customization features specifically made available to the users by Toromont Cat. In addition, it is strictly prohibited to post on this site, or to send through it, any illegal material or threats nor any texts, sounds or images of a defamatory, obscene, fraudulent, scandalous, seditious, pornographic or blasphemous nature, nor any other material likely to constitute a criminal or penal offence nor to promote or encourage the commission thereof nor to give rise to a civil liability lawsuit nor violate current laws in any other way.
 

Links to other sites

This site contains links, which quickly provide access to websites belonging to third parties and operated by the latter. Toromont Cat makes these links available to the users of this site solely as a convenience and exercises no form of control over the contents of the sites to which these links lead. Moreover, Toromont Cat makes no declaration, issues no approval and accepts no responsibility with regard to the contents or use of such sites. Some of these sites may put temporary or permanent cookies on the hard disks of their users’ computers. And lastly, it should be noted that the information presented on the sites operated by third parties may not be available in French and/or in English.
 

Management of the site and technical problems

This site is fully designed and operated by Toromont Cat. We ask the users to notify the webmaster of this site of any technical problems or errors encountered during navigation by means of the form provided for this purpose in this section. The most recent revisions of these terms and conditions of use were made on July 19, 2012.
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