Terms and Conditions
Please read the following terms of conditions (hereinafter, the « Terms and Conditions ») thoroughly and carefully before using Your Customer Account and/or the Website. As of the moment You will either register Your Customer Account or use the Website, You will implicitly acknowledge and confirm that You have received, read, understood, and accepted these Terms and Conditions – which Magnus may amend or otherwise modify at any given time and without prior notice. Should any conflict or discrepancy every arise between these Terms and conditions (as they may be modified from time to time) and the provisions of any other communication (including advertisements and other promotional content), the Terms and Conditions shall prevail. Should You find Yourself in disagreement with these Terms and Conditions, please refrain from using Your Customer Account and logging on the Website.
​1. Definitions
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« Client » refers to any Client Magnus allows to place Online Orders through the Website and/or to otherwise access the Website’s features through the actions of a duly authorized representative.
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« Customer Account » is the account that allows a Client, among other things, to place online orders and/or access the web-based customer account management support service (dashboard), and/or use evaluators, configurators, and/or recommendation tools, as well as all other features offered to Clients on the Website.
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« Magnus » refers to Magnus 1946 Chemicals Products Ltd, the actual owner and operator of the Website, who in Canada does business as Magnus 1946 Chemicals Products Ltd.
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« Online Order » refers to any order of products and/or services a Client places by means of their Customer Account and of the Website, whose parameters are governed by these Terms and Conditions and the provisions of Purchase Orders Magnus may issue from time to time.
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« Website » refers to any website owned by Magnus which is governed by these Terms and Conditions and can be accessed through any one of the following hyperlinks : www.magnus.ca, www.magnus.global, www.aquafilm.global, www.aquassist.ca, www.aquassist.com, www.aquassist.xyz which allow You (among other things) to order Magnus products and/or services online and/or recommendations or reviews, to obtain risk assessments and/or savings projections, and to access data registration features in connection with operation, production, water treatment, consultation, analysis, interpretation, statistical assessment, information transmission, access to expert reports, lab analyses, auditing, and physical inspection. It is hereby understood and agreed that none of these Terms and Conditions shall ever apply to the use of any third-party website to (or towards) which You could eventually be referred or redirected.
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The words « You » and « Your » refer to any Client who places an Online Order, as well as to any user of the Website.
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2. Setting up an account / Registration / Password
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In order to access the Website, use all its features, and place Online Orders, You may be required to set up a Customer Account and to fill out an online registration form. You hereby agree, in connection with any registration form the Website may direct You to, to provide true, complete, current, and accurate information, and to update such information as soon as they are modified in any way.
In the course of the registration process, You may be asked to provide a username and a password. You shall be solely and entirely responsible for the privacy of Your username and password, as well as for any and all online activities conducted under said username and/or password. You hereby commit to promptly notify Magnus of any unauthorized use of Your username and/or password, as well as of any other kind of breach of Your Customer Account’s privacy.
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3. Termination of Your Customer Account
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You may close Your Customer Account at any time by sending a written notice to that effect to: marketing.magn@gmail.com. Should You ever fail to fulfill any of the present Terms and Conditions or fail to uphold any of the contractual obligations You have assumed towards Magnus, the latter may, at any given time and without prior notice, terminate Your Customer Account. You hereby acknowledge that no termination of Your Customer Account shall ever release or discharge You of any debt You may have contracted towards Magnus.
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​4. Your actions and obligations
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For the purpose of using the Website, You hereby confirm being at least eighteen (18) years of age, and that You will abide by (i) these Terms and Conditions, (ii) all rules, policies, standards, and specifications applicable to any Online Order (as they may be modified by Magnus from time to time), and (iii) all applicable laws and regulations. You (acting either personally or as a company’s duly authorized representative) commit to uphold any and all financial obligations You may have towards Magnus (including when it comes to paying subscriptions relating to services provided by Magnus or purchases made through Online Orders placed under these Terms and Conditions). You shall use the Website in order to place orders revolving around Magnus products and/or services and/or to access features provided from time to time (such as risk assessments and savings projections). You hereby represent and warrant that (i) You shall use Your true and current identity when registering and using the Website; (ii) You have provided (and shall continue to provide) true, complete, current, and accurate information and data while accessing any feature of the Website; (iii) You regularly update (so they remain true, complete, current, and accurate at all times) the information and data You provide while accessing the features of the Website; and (iv) You are duly authorized to place Online Orders, to use any and all the Website’s features, and to provide any information or data required for that purpose. UNLESS EXPLICITLY FORBIDDEN BY LAW, BY ORDERING ANY PRODUCT OR SERVICE BY MEANS OF THE WEBSITE AND/OR USING THE WEBSITE IN ANY OTHER WAY, YOU RELEASE AND DISCHARGE MAGNUS, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, ADMINISTRATORS, AGENTS, MEMBERS, ENPLOYEES, AND SHAREHOLDERS (HEREINAFTER, THE « RELEASED PARTIES ») FROM ANY AND ALL HARMS, CLAIMS, LOSSES, OR OTHER DAMAGES OF ANY KIND (WHETHER BASED ON NEGLIGENCE, TORT, OR ANY OTHER GROUND OF LAW) RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE WEBSITE. IN FACT, YOU HEREBY AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE RELEASED PARTIES AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITIES, EXPENSES, AND CHARGES (INCLUDING, TO THE FULLEST EXTENT PERMITTED BY LAW, ATTORNEY FEES AND COSTS) RESULTING DIRECTLY OR INDIRECTLY FROM THE FACT THAT YOU HAVE VIOLATED THE LAW OR ANY OF THESE TERMS AND CONDITIONS, OR HAVE MADE ANY KIND OF FALSE, INCOMPLETE, OR MISLEADING REPRESENTATION OR STATEMENT. THE OBLIGATION TO DEFEND, INDEMNIFY AND HOLD HARMLESS DISCUSSED IN THIS SECTION SHALL SURVIVE THE TERMINATION OF YOUR CUSTOMER ACCOUNT AND/OR CONTINUE TO APPLY NOTWITHSTANDING ANY DISCONTINUANCE OF YOUR USE OF THE WEBSITE.
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5. Use of the Website
5.1 General conditions
5.1.1 Whenever using the Website, You shall not (and never allow anyone to):
a) violate or circumvent any law, regulation, standard, policy, or term of use Magnus may implement from time to time;
b) use the Website for any purpose other than the ones specifically authorized under these Terms and Conditions, or in any manner likely to mislead third parties with respect to Your affiliation to Magnus;
c) use any kind of malware in order to access or collect any data or content found on the Website;
d) attempt to decipher, decompile, reverse engineer, or process in any other similar manner any software which is used in the operation of the Website;
e) take any action or initiative which is likely to compromise or damage the proper functioning and/or performance of the Website.
5.1.2 You hereby acknowledge that Magnus, although it has no obligation to do so, may monitor access to (or use of) the Website by any user, and/or restrict or prevent such access or use in order to (i) operate the Website, improve its features, or make them more secure, (ii) ensure compliance with these Terms and Conditions by any user, (iii) comply with the provisions of any law, regulation, court order, or government directive, or (iv) fulfil any other purpose contemplated in these Terms and Conditions. In that perspective, users of the Website commit to cooperate in good faith with Magnus, including by providing all information and taking all actions Magnus may reasonably require in the course of any investigation it (or any of its representatives) conducts in connection with the use (or misuse) of the Website.
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5.2 Terms of purchase
5.2.1 Purpose.
As this section only applies to Online Orders placed by means of the Website, make sure to read it carefully before You place any Order for products and/or services through the Website.
5.2.2 Terms of purchase.
One You have logged on Your Customer Account, make Your way to the “Online Orders” menu.:
1. Select the desired kind and quantity of products by clicking on the appropriate pictures or description, being understood that all pictures, photographs, and images found on the Website are provided for reference purposes only and may not depict the specific packages You will receive upon delivery.
2. Select a delivery option and specify all relevant dates and places of delivery. Shipping terms are FOB Boucherville, QC, Canada.
3. Review Your order and proceed with payment in accordance with the provisions of the invoice You will receive.
5.2.3 Online Orders.
You hereby acknowledge that any and all Online Orders will only be deemed final once Magnus has accepted them. Each and every Online Order placed by the Client will be received by Magnus as an offer to do business, the latter being entirely free (at its sole and absolute discretion) to reject, cancel, or refuse to process any specific Online Order.
5.2.4 Your duties and responsibilities.
You must receive the products and/or services You have ordered at the date, time, and place of delivery specified on Your Purchase Order. You must also inspect all the products and/or services You have ordered at the time they are delivered, in order to identify any damage, defect, or other discrepancy as soon as possible. Only You can determine whether or not You have received exactly what You have ordered in terms of products, services, quantities, and prices. Should the items delivered not match the ones ordered online, please refer to subsections 5.2.5 (« Return of items ») and 5.2.6 (« Grievances »).
You shall assume responsibility over the products You have ordered the moment You take possession of them in accordance with the pick-up instructions agreed upon at the time the order was placed. Since You shall be solely and entirely responsible for any deterioration of products (due to any situation or event whatsoever, including the mere passage of time) which occurred after pick-up, make sure that You take all seasonal conditions (including the weather) into account and plan storage accordingly.
5.2.5 Return of items.
You must submit to Magnus’s customer service department (or to Your appointed representative) a detailed statement of the reasons why You request a return of merchandise. Upon receipt of Your written request, Magnus shall investigate the facts and circumstances on which it is based. Should it be approved, a return number (RMB) will be provided to You. In case of rejection, we shall provide all necessary explanations.
Any and all deductions applied without authorization before Magnus’s investigation is complete and a decision (to authorize or reject the request for return) is taken shall be treated as a default of payment.
5.2.6 Grievances.
As Magnus firmly believes that each and every client is entitled to receive professional services of good quality, we keep a keen eye on customer satisfaction. In such a context, all grievances relating to unsatisfactory products or services shall be received, processed, and resolved in a fair and diligent manner. In any event, Magnus considers that grievances are a potent source of constructive feedback which allows for the constant monitoring and improvement of the products and services it provides.
Any Client who wishes to file a complaint in connection with products or services they have received must contact Magnus’s customer service department. A grievance may be filed in person, by phone, through fax machine, or by means of regular or electronic mail. Within a reasonable delay, Magnus shall confirm receipt of Your complaint and issue a file number. A person in charge of Your file may contact You over the following days in order to obtain further information and details about the circumstances surrounding Your grievance.
Each and every complaint will be investigated. First and foremost, it will be thoroughly assessed, keeping in mind that relevant facts and circumstances may only be disclosed to individuals who must know of them in the course of the investigation. In order to keep the process objective and unbiased, no individual who might be directly or indirectly involved in (or impacted by) the grievance will be allowed to participate in the investigation. From the outset, a grievance will be considered admissible whenever it reveals that a Client has suffered some form of actual or potential harm or damage.
Although Magnus vows to settle grievances in the shortest timeframe possible, the length of an investigation will vary according to its scope and complexity.
Once the investigation is complete, You shall receive a detailed statement of Magnus’s findings, as well as a description of the corrective measures we have implemented (whenever applicable).
6. Disclaimer / Limited liability
6.1 Magnus issues no representations or warranties of any kind in connection with the proper functioning of the Website, its fitness for any of the Client’s purposes, or the absence of any glitches, errors, or interruptions while it is being used.
6.2 Magnus issues no representations or warranties of any kind in connection with (i) the skills or competence of the professionals and/or consultants who might have participated in the design and/or implementation of the Website, or (ii) the quality or accuracy of calculations, results, reports, advices, assessments, or savings associated with the use of specific products and/or services offered by Magnus (which are all provided for reference purposes only). You are solely and entirely responsible for hiring professionals and consultants of Your own choosing (and for confirming their skills, competence, and experience) every time You wish to identify Your current needs, perform an assessment of the risk of infectious bacterial growths, or ensure that Your facilities comply with all applicable laws and regulations.
6.3 To the fullest extent permitted by law, Magnus shall, in no circumstances whatsoever, be held liable for the accuracy of any data transmitted by means of the Website (including in the context of an Online Order placed by a third party), or, unless Magnus is directly responsible for the event, for (i) any malfunction, failure, error, or inaccuracy of the Website, (ii) any information found on the Website, (iii) the fact that any user is permanently or temporarily unable to access the Website, (iv) any unauthorized access to the Website, and/or (v) any misappropriation or misuse of information provided on the Website. You hereby acknowledge that the information and data found on (or provided by means of) the Website may contain miscalculations, typographical mistakes, and/or technical inaccuracies, and that Magnus may, in no circumstances whatsoever, be held liable for such miscalculations, typographical mistakes, or technical accuracies, or for any delay, loss, default, or failure caused by any event or situation Magnus has no reasonable power or control over, including (without limitation) power failures, computer or software malfunctions, disturbances in phone and Internet network, as well as the actions or omissions of any third party. You are hereby granted a cancellable, non-exclusive, non-assignable, royalty-free, and limited (to the duration of the contractual relationship established between the Parties) licence to use the Website for the purposes it was created for, including Online Orders. Magnus in now way guarantees that Your use of the Website will be safe, secure, or uninterrupted. STILL TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE IS SUPPLIED « AS IS », « AS AVAILABLE », AT THE USER’S OWN RISK, AND WITHOUT ANY EXPLICIT OR IMPLIED WARRANTY RELATING (WITHOUT LIMITATION) TO QUALITY, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. UNLESS EXPLICITLY PROHIBITED BY LAW, MAGNUS SHALL IN NO CIRCUMSTANCES WHATSOEVER BE HELD LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING (WITHOUT LIMITATION) ANY LOSS OF DATA OR FINANCIAL LOSS RESULTING FROM ANY KIND OF CIVIL PROCEEDINGS (WHETHER RELYING ON A CONTRACT, TORT, NEGLIGENCE, OR ANY OTHER GROUND OF LAW) BASED ON THE USE OF INFORMATION FOUND OR POSTED ON THE WEBSITE. UNLESS EXPLICITLY PROHIBITED BY LAW, MAGNUS SHALL NEVER, WITH RESPECT TO ANY CLAIM BASED ON CONTRACTUAL, EXTRACONTRACTUAL, OR OTHER OBLIGATIONS, BE HELD LIABLE FOR MORE THAN THE HIGHEST OF: (i) ONE HUNDRED DOLLARS (100 $), OR (ii) THE VALUE OF THE ORDER THE CLIENT PLACED ONLINE OR OF THE CLIENT’S MONTHLY SUBSCRIPTION.
7. Safety of the Website​
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You hereby represent and warrant that You have not taken (and will not take) any action or initiative aimed at (i) accessing data which are not meant for You, (ii) violating the privacy, stealing the identity, or breaching the confidential information of any other user or client, (iii) test, scan, or otherwise assess the weaknesses of the Website, or attempt to circumvent its security and authentication devices without proper authorization, (iv) attempt to interfere with Magnus’s legitimate business or any of its clients or users, or (v) transmit unsolicited e-mails (including advertisement and promotional material relating to products and/or services).
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8. Intellectual property
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Except as otherwise provided, all intellectual property assets (including copyrights, trademarks, service marks, trade secrets, and patents) associated with the Website (or any of the tools provided by means of the Website) are owned, operated, controlled, or used under license by Magnus or its affiliates. All compilations of content or material found on the Website are and remain the sole and exclusive property of Magnus or of its affiliates. Using, copying, or reproducing any item of intellectual property without explicit consent is strictly prohibited. Magnus may use on its Website some trademarks that in fact belong to third parties, and which shall remain the sole and exclusive property of such third parties. No provision of these Terms and Conditions shall ever be interpreted or construed as granting (whether explicitly, implicitly, or otherwise) any license or right to use Magnus’s name, trademark(s), service mark(s), or Website, or any information found on posted on the Website, unless such use has been expressly authorized in writing by Magnus or the third party whose intellectual property is being used.
9. ​Privacy
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Magnus may collect personal information You provide while using its Website. Access to (and use of) such personal information are governed by the provisions of Magnus’s Privacy Policy, (available at https://www.magnus.ca/en/politique-de-confidentialite, which is deemed being an integral part of these Terms and Conditions (hereinafter, the « Privacy Policy »).
The personal information we collect in parallel to the Online Orders You place by means of the Website are stored on monitored servers kept within physically secure premises (namely Magnus’s own facilities or the offices of its service providers).
The terms and conditions governing the access to (and the correction of) personal information are defined in the Act respecting the protection of personal information in the private sector (RLRQ, c. P-39.1) Any demand, request, or claim based on the provisions of the Act must be made in writing and submitted to the person in charge of the Website, either:
by standard mail :
Magnus 1946 Chemicals Products Ltd.
1271 Ampere
Boucherville, QC, Canada, J4B 5Z5
or
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by e-mail:
Magnus’s Website may contain hyperlinks leading to websites owned by third parties and likely to operate on account of terms, conditions, and privacy policies that differ from Magnus’s. Consequently, Magnus shall in no circumstances whatsoever be held liable for (and expressly denies any kind of responsibility in regards to) the collection, use, or disclosure of personal information You may provide on any third-party website.
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10. Feedback / E-mail communications
10. 1We gladly welcome all the comments, ideas, or suggestions (hereinafter, considered collectively, the « Feedback ») You may have about the Website. Every piece of Feedback You may communicate will become the sole and exclusive property of Magnus. By transmitting any piece of Feedback, You implicitly (i) assign in favor of Magnus all the rights, titles, and interests You may have in such Feedback, (ii) waive all the copyrights You may own in such Feedback, and (iii) renounce the exercise of any moral rights thereunder. Hence, Magnus may, for any reason whatsoever, as it sees fit, and without owning You any kind of compensation or damages, use, copy, reproduce, disclose, publish, and distribute any and all Feedback (and related content) You provide. Feedback may be sent to Magnus’s customer service department, either by e-mail (marketing.magn@gmail.com) or standard mail 1271 Ampere, Boucherville, QC, Canada, J4B 5Z5. Magnus may (without being obligated to in any way) monitor, edit, or delete any piece of Feedback or related material. It shall in no circumstances whatsoever be held liable for any kind of content You elect to post or otherwise provide.
10.2 By completing the registration process, using the Website, and/or setting up a Customer Account, You implicitly agree to receive (i) general information (including e-mails) released by Magnus, its affiliates, or its third-party service providers, (ii) promotional offers revolving around Magnus products or services we believe might be of interest to You, and (iii) promotional offers from third parties who developed an interest in the use You make of the Website. By placing Online Orders by means of the Website, You implicitly agree to receive the information discussed above. Should you no longer wish to receive promotional offers in connection with the Website (including when it comes to Online Ordering features), You may unsubscribe to such promotional offers by clicking on the link provided at the end of each and every e-mail, or by contacting Magnus’s customer service department by e-mail marketing.magn@gmail.com or standard mail 1271 Ampere, Boucherville, QC, Canada, J4B 5Z5. Magnus shall in no circumstances whatsoever be held liable for any promotional offer or other kind of communication any third party may send to you.
11. Miscellaneous provisions
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Magnus may, at any given time, correct any typographical mistakes found herein. Whether or not it does correct them, Magnus shall in no circumstances whatsoever be held liable (or incur any continuous obligation) towards the Client on account of any typographical mistakes.
Any and all notices transmitted by Magnus to the Client hereunder shall be sent by electronic mail, and will be deemed having been received the moment it is dispatched.
Should any provision of these Terms and Condition ever be declared invalid, illegal, or unenforceable, it shall either be considered non-existent or (if at all possible) interpreted in a way that makes it legal, valid, and enforceable, without any other provision being in the least impacted.
The interpretation and enforceability of these Terms and Conditions shall be governed by the laws and regulations in force within the province of Québec, regardless of any conflict-of-law rule or principle. To the fullest extent permitted by law, any and all disputes arising from any object, topic, or purpose covered hereunder shall be deferred to the exclusive jurisdiction, competence, and authority of the civil courts sitting within the judicial district of Longueuil (province of Québec).
As the present Terms and Conditions (as they may be amended from time to time) contain the whole agreement the Parties have reached in regards to the subject matters they cover, they may only be modified by means of a written document issued by Magnus.
The Client may not assign in favor or any third party any portion of the rights and obligations conferred upon them under these Terms and Conditions.