Terms of Use
Welcome to the Stamina Group website (“Site”). Please review the following basic terms that govern your use of our Site. Please note that your use of our Site constitutes your agreement (“Agreement”) to follow and be bound by these terms and those set out in our Privacy Policy.
GENERAL
We may, from time-to-time, change the terms that govern your use of our Site. Your use of our Site following any such change constitutes your agreement to follow and be bound by the terms, as changed. We may also change, move, or delete portions of, or may add to, our Site.
SITE CONTENTS
Unless otherwise noted, all material, including text, images, illustrations, designs, icons, photographs, video clips, and other materials (collectively, the “Contents”) that appear as part of this Site are copyrights, trademarks, trade dress, and/or other intellectual properties owned, controlled, or licensed by Stamina Group Inc. and/or its subsidiaries and/or affiliates (collectively, “Stamina Group”). The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles, and interests in and to which are owned by Stamina Group.
The Site and its Contents are intended solely for personal, noncommercial use. You may download or copy the Contents and other materials displayed on the Site for your personal use provided you do not delete or change any copyright, trademark, or other proprietary notices. No right, title, or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or related software.
USER COMMENTS, FEEDBACK, POSTCARDS, AND OTHER SUBMISSIONS
All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted, or offered to Stamina Group on or by this Site or otherwise disclosed, submitted, or offered in connection with your use of this Site (collectively “Comments”) shall be and remain the property of Stamina Group. Such disclosure, submission, or offer of any Comments shall constitute an assignment to Stamina Group of all worldwide rights, titles, and interests in all copyrights and other intellectual properties in the Comments. Thus, Stamina Group will own exclusively all such rights, titles, and interests, and shall not be limited in any way in the use, commercial or otherwise, of any Comments. Stamina Group is and shall be under no obligation to (1) maintain any Comments in confidence; (2) compensate any user for any Comments submitted; or (3) respond to any user Comments.
You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy, or other personal or proprietary rights. You further agree that no Comments submitted by you to the Site will contain libelous or otherwise unlawful, abusive, or obscene material. You are and shall remain solely responsible for the content of any Comments you make.
You agree that Stamina Group may use or disclose information about your demographics and use of the Site in any manner that does not reveal your identity. By participating in Site sweepstakes, contests, promotions, or requesting promotional information or product updates, you agree that Stamina Group may use your information for marketing and promotional purposes.
OUR COMMUNICATIONS TO YOU
You agree that Stamina Group may send electronic mail to you for the purpose of advising you of changes or additions to this Site, our products and services, or for such other purpose(s) as Stamina Group deems appropriate.
PRICING INFORMATION
The prices displayed on the Site are quoted in Canadian dollars and are valid and effective in Canada only.
TRADEMARKS
The trademarks, logos, and service marks (collectively, the “Trademarks”) displayed on the Site are the registered and unregistered trademarks of Stamina Group. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Site without Stamina Group’s written permission.
LINKS TO OTHER WEB SITES AND SERVICES
This Site may contain links to outside services and resources, the availability and content of which Stamina Group does not control. Any concerns regarding such services or resources, or any links thereto, should be directed to the outside services or resources in question. Stamina Group is not responsible for the contents of any off-site pages or any other sites linked to this Site nor does it endorse any products or services linked from or supplied to this Site. The inclusion of any link to such sites does not imply endorsement by Stamina Group of such sites. Your linking to any other off-site pages is at your own risk.
DISCLAIMER STATEMENT
THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. STAMINA GROUP MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE FUNCTIONAL ASPECTS OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES. YOU OBTAIN ACCESS TO THE SITE AT YOUR OWN RISK AND ASSUME FULL RESPONSIBILITY FOR ANY INTERFERENCE, LOSS, DAMAGE, OR DISRUPTION TO YOUR OWN COMPUTER SYSTEM THAT ARISES IN CONNECTION WITH YOUR USE OF THE SITE OR ANY LINKED SITE. YOU AGREE THAT NEITHER STAMINA GROUP NOR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DEVELOPING THIS SITE SHALL BE LIABLE FOR DAMAGES OF ANY KIND WHATSOEVER RELATED TO YOUR ACCESS TO OR USE OF THIS SITE.
INACCURACY DISCLAIMER
All information provided by Stamina Group on the Site is done so in good faith. From time to time there may be information on the Site that contains typographical errors, inaccuracies, or omissions. Stamina Group takes no responsibility for continuously updating this Site. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice.
INDEMNIFICATION
You agree to defend, indemnify, and hold Stamina Group harmless from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, arising from or related to your use of the Site.
MISCELLANEOUS
Unless otherwise specified, this Site and the Contents thereof are displayed solely for the purpose of promoting Stamina Group products and services. This Site is controlled and operated by Stamina Group from its offices in Toronto, Ontario.
This Agreement shall be construed in accordance with the laws of the Province of Ontario, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the provincial and federal courts of the Province of Ontario. If any portion of these terms are held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable laws to the greatest extent possible and the remainder of the provisions shall remain in full force and effect.
TERMINATION
This Agreement is effective unless and until terminated by either you or Stamina Group. You may terminate this Agreement at any time. Stamina Group also may terminate this Agreement at any time and may do so immediately, without notice, if, in our sole discretion, you fail to comply with any of the terms or provisions contained herein. Upon any termination of this Agreement by either you or Stamina Group, Stamina may deny you access to this Site and you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.
Privacy Policy
Stamina Group’s Privacy Policy has been developed as an extension of our commitment to combine the highest-quality products and services with the highest level of integrity in dealing with our clients. The Policy is designed to assist you in understanding how we collect, use, and safeguard the personal information you provide to us and to assist you in making informed decisions when using our products and services and receiving news and related content through our online properties. It reflects our commitment to protecting the privacy and confidentiality of the personal information entrusted to us by our clients. This Policy will be continuously assessed against new technologies, business practices, and client needs.
The Policy applies to all current and prospective clients of Stamina Group Inc. and/or our subsidiaries and/or affiliates (collectively “Stamina Group”), as well as to users of our online properties.
COLLECTION OF PERSONAL INFORMATION
Stamina Group has organized its business into three strategic platforms: Content, Print, and Media. Each of our platforms collects personal information from clients where such information is required for the provision of a particular product or service.
Content and Print
Our Content and Print platforms collect personal information that may include an individual’s name, address (postal and/or e-mail), telephone number as well as banking, financial, credit card and/or credit information.
As agents involved in data processing, variable imaging, and direct mailing, we may also obtain personal information from third parties such as our clients, list owners, and other media owners. Typically, the personal information is provided to us with specific instructions on how it is to be used. We make all reasonable efforts to ensure that such personal information is used only for the purposes stipulated and that it is subject to strict terms of confidentiality.
Media
Our Media platform may collect personal information through surveys, questionnaires, and other means. In addition to name, address (postal and/or e-mail), telephone number, and transaction information, we may collect demographic information (i.e., age, gender, income, occupation, and education) and opinions of subscribers, or potential subscribers, to our magazines and other print properties. For more details, please visit our Magazine websites.
Modes of Collection
Stamina Group collects personal information about clients through various applications and order forms, including credit applications, surveys and questionnaires, face-to-face interactions, and our online properties. For certain transactions, we may obtain personal information about a client from third parties, such as consumer reporting agencies.
USE OF PERSONAL INFORMATION
Stamina Group uses the personal information we collect to provide clients with our products and services, manage our business, and comply with regulatory and industry requirements. More specifically, we use personal information to create and maintain client accounts, communicate with our clients, supply clients with our products and services, and provide them with information about existing or new products and services that we believe would be of value to them. We may also use information about client interests and preferences, as well as feedback we receive from surveys, to improve our products and customer service. Stamina Group makes all reasonable efforts to ensure that information is used responsibly, and only for its intended purposes.
DISCLOSURE OF PERSONAL INFORMATION
Content, Print and Media
Depending on the nature of the products and services our clients require, our Content, Print or Media platforms may disclose personal information to other business platforms or divisions of Stamina Group, financial institutions, credit reporting agencies, and third party service providers such as data processing and marketing companies.
Media
In addition to the disclosures outlined in the preceding paragraph, our Media platform may disclose personal information to advertisers, third party service providers including providers of marketing and promotional services, and other organizations that offer products or services that we believe would be of value to our clients.
Other
We will request your express consent to the use and disclosure of your personal information for specific types of transactions on the application or other forms used in connection with those transactions. Where it is reasonable to imply your consent to the use and disclosure of your personal information in accordance with this Policy (e.g., in connection with a mailing for the renewal of a subscription), we may do so. Where it is reasonable, we may also imply your consent to the use and disclosure of your personal information in accordance with this Policy from continuing requests for our products and services now that you are knowledgeable about our personal information practices. We will obtain your express consent before using or disclosing your personal information for any purposes not identified in this Policy.
Stamina Group discloses personal information where we are required to do so by law and may disclose personal information to our purchaser or new corporate entity in the event of a sale, merger, or substantial restructuring of our business.
LIMITING THE USE AND DISCLOSURE OF PERSONAL INFORMATION
Subject to contractual and other legal obligations, you are entitled to withdraw your consent to our use and disclosure of your personal information. Specifically, if you prefer that we do not use or disclose your personal information for marketing and promotional purposes, please notify our Privacy Officer. Please note that your request may take three to four weeks to implement. We are legally bound to inform you that withdrawing your consent may preclude us from providing you with certain products or services.
In the case of personal information obtained from third parties, we will work with clients, list owners, and other media owners to fulfill the right of clients to know of the existence, use, and disclosure of their personal information and to provide access to that information.
USE OF COOKIES
Similar to other commercial websites, our websites utilize a standard technology called “cookies” and web server logs to collect information about how our websites are used. Information gathered through cookies and web server logs may include the date and time of visits, the pages viewed, time spent at our websites, and the websites visited just before and just after our websites. This information is collected on an aggregate basis. None of this information is associated with you as an individual. If you choose to correspond with us via e-mail, we may retain the content of your e-mail messages together with your e-mail address and our responses. We provide the same protections for these electronic communications that we employ in the maintenance of non-electronic information, such as that received by mail and telephone.
Information obtained through our websites is used for internal review, to improve the content of our webpages, and to customize the content and/or layout of our pages for each individual visitor; it is not shared with other organizations for commercial purposes.
ACCURACY OF PERSONAL INFORMATION
Stamina Group will try to ensure that information about you is accurate, complete, and up-to-date. We may update the personal information in our records from time-to-time, where current information is required for the provision of a particular product or service. Please inform us of any change of name, address, or other information. Should you have questions about the accuracy of factual information we have collected about you, you will have access to that information to verify and update it. If we have disclosed inaccurate information about you to a third party, we will be pleased to contact the third party in order to correct the information.
INDIVIDUAL ACCESS
If you have any questions about the collection, use, or disclosure of your personal information by Stamina Group, or if you simply want to know whether we have any of your personal information on file, you may contact our Privacy Officer by one of the methods outlined below. Stamina Group will respond to your requests for access in accordance with applicable privacy legislation. In the event that we refuse access to you, we will provide you with the reasons for our refusal upon request. Exceptions may include information that contains references to other individuals, information that cannot be disclosed for legal, security, or commercial proprietary reasons, and information that is subject to solicitor-client or litigation privilege.
QUESTIONS OR CONCERNS
To access your personal information, inform us of changes you believe need to be made to that information, request that we investigate a concern you have about our personal information practices, or obtain further information about this Policy and the practices outlined herein, please contact:
CONTACT:
Stamina Group Inc.
200-99 Yorkville Ave.
Toronto ON M5R 1C1
Tel: 647.967.5705
Email: hello@havestamina.com