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Terms of Use
Introduction
Thank you for visiting the K-Tec Dealer Portal site, a website operated by K-Tec. These terms and conditions (the “Terms of Use”) govern your access and use of the K-Tec Dealer Portal Website and any service offered within it (collectively, the “Site”). K-Tec provides the Site on the basis that users agree to these Terms of Use. By accessing the Site, you expressly agree to be bound by these Terms of Use. Please read these Terms of Use carefully as they contain provisions that limit or exclude liability to you. If you do not agree to comply with the Terms of Use, you may not use the Site.
These Terms of Use were last updated on May 12, 2020.
What is the K-Tec Dealer Portal Website?
K-Tec operates the business of design, manufacture, distribution, rental, sale and servicing of scrapers, levelers, ox blocks, hitches, ag receivers and related parts and accessories used in earthmoving and other industrial, agricultural and related industries and applications. K-Tec products are frequently sold through localized dealers.
Those dealers and sales representatives authorized by K-Tec, in its sole discretion, shall have access to the Site. The Site may be used by the dealers and sales representatives for the purpose of accessing information to assist with the sales and marketing of the K-Tec products, submitting sales information in connection with incentive programs that may be offered from time to time, and other related services.
Proprietary Rights
For the purposes of these Terms of Service, “content” is defined as any information, data, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on the Site.
By accepting these Terms of Service, users acknowledge and agree that all content presented on the Site is protected by copyrights, trademarks, service marks, patents or other proprietary or intellectual property rights and laws, and is the sole property of K-Tec and its licensors. Users are only permitted to use the content as expressly authorized by K-Tec or the specific content provider and no further rights or licenses are granted. Other than as expressly permitted in these Terms of Service, users may not copy, reproduce, modify, republish, upload, post, transmit, sell, license, distribute or otherwise exploit any documents or information from the Site or materials appearing on the Site as this may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
K-Tec does not warrant or represent that users’ use of materials displayed on, or obtained through, the Site will not infringe the rights, including without limitation intellectual property rights, of third parties.
Users agree that they will not create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, modify, copy, bundle, sell, reproduce, duplicate, sub-license, export, merge, transfer, adapt, loan, rent, lease, assign, share, outsource, host, publish, make available to any person or otherwise use, either directly or indirectly, the Site in whole or in part, including any data or information contained therein. Users shall not permit, allow or do anything that would infringe or otherwise prejudice the proprietary rights of K-Tec or its licensors. The restrictions set out in these Terms of Service shall not apply to the limited extent the restrictions are prohibited by applicable law.
Certain materials or information available to you through the Site or through links to third party websites may be subject to third party intellectual property rights. All such intellectual property rights are and shall remain the property of their respective owners or creators (as the case may be). You acknowledge and agree that K-Tec is not responsible for the accuracy, completeness or content provided by or on behalf of third parties.
Access and Use
In exchange for your compliance with these Terms of Use, K-Tec grants you a personal, non-transferable, and non-exclusive license to access the Site. K-Tec reserves the right to revoke this authorization at any time without notice and for whatever reason and to require you to delete, destroy or otherwise remove any material that you have obtained from the Site.
Within the Site, there are brochures, product warranties and policies, logos, equipment and/or parts manuals, forms including but not limited to in-service and claim forms, and other marketing and educational materials (the “Materials”) available for download by dealers to use in connection with marketing K-Tec and the sale of its various products. The Materials available on this Site shall be used in accordance with these Terms of Use and you acknowledge that by downloading any proprietary material from the Site all such intellectual property rights are and shall remain the property of K-Tec.
Any violation of these Terms of Use immediately terminates your license to access the Site, without limitation to any other recourse that K-Tec may have at law or equity in respect of such violation.
You may not assign, delegate, sublicense, transfer or subcontract the whole or any part of these Terms of Use or the rights granted through these Terms of Use without the prior written consent of K-Tec. Notwithstanding the foregoing, K-Tec may, at its sole discretion, assign these Terms of Use or any of its rights and obligation to any third party, without giving prior notice.
Unauthorized Use of Materials
Please do not submit confidential or proprietary information to K-Tec unless we have mutually agreed in writing otherwise. Subject to K-Tec’s Privacy Policy, any communication, content or material that users transmit to the Site or to K-Tec will be treated by default as non-confidential and non-proprietary. K-Tec does not claim ownership in any of the content that users post on or through the Site. Instead, subject to K-Tec’s Privacy Policy, users grant K-Tec a non-exclusive, royalty-free and fully paid-up, perpetual, sublicenseable, transferable and worldwide right and license to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such content for any purpose regardless of the form or medium (now known or not currently known) in which it is used.
Users shall be solely responsible for their content and the consequences of submitting the same to K-Tec and the Site. Where users are uploading or posting any information or other content to the Site, users represent and warrant to K-Tec that they have the right to post this content and to grant the licenses to K-Tec described in these Terms of Service, that such content contains no viruses or other malicious programming, that its posting does not infringe the intellectual property rights of another person, and that the content does not breach any of the provisions of these Terms of Service.
Data Protection and Incentive Program
Those accessing the Site, and in particular “Sales Hub” in connection with any incentive program offered by K-Tec from time to time, must review the details and requirements of such program and agree to be bound by the terms of and execute any other incentive program agreement as required, prior to accessing the Site.
You further agree that you will follow safe and secure computing practices with respect to any device used to access the Site.
Representations and Warranties
K-Tec makes no representations, warranties or covenants to any person or entity with respect to the Site. K-TEC does not give any warranties, guarantees, representations or conditions, whether express, implied, statutory or otherwise (including, without limitation, any warranty as to the accuracy, completeness, currency, or suitability of the information delivered as part of the Site, third party information, materials or website content, fitness for a particular purpose, compliance with any description, or non-infringement of third party rights) with respect to any Site and all such warranties are hereby disclaimed to the maximum extent permitted by applicable law.
K-Tec does not guarantee that the Site will be provided or available without interruption or error free. You agree that you understand that there may be service disruptions or outages. K-TEC MAKES NO REPRESENTATION OR WARRANTY THAT NO HARM TO USERS’ COMPUTER SYSTEM OR MOBILE DEVICE, LOSS OF DATA, OR OTHER HARM WILL RESULT FROM USERS’ ACCESS TO OR USE OF THE SITE.
K-TEC RESERVES THE RIGHT TO MAKE CHANGES TO THE SITE AT ANY TIME WITHOUT NOTICE.
K-Tec endeavours to post the latest service alerts and updates to ensure that property equipment maintenance and instruction is available to dealers and customers however, by accepting these Terms of Use you acknowledge and agree that the information on the Site may become out of date and that K-Tec disclaims any duty to or liability for failure to update information on the Site. Further, the information in the Site is subject to change without notice.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, K-TEC AND ITS AGENTS, ASSIGNS, EMPLOYEES, CONTRACTORS, CONSULTANTS, SERVICE PROVIDERS, LICENSEES OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER INCURRED THROUGH THE USE OF THE SITE. K-TEC IS NOT RESPONSIBLE FOR ANY USE OF THE SITE BY YOU OR ANY THIRD PARTY. K-TEC IS NOT RESPONSIBLE FOR ANY INFORMATION, CONTENT OR MATERIALS MADE AVAILABLE BY OR ON BEHALF OF THIRD PARTIES WHETHER REFERENCED IN THE SITE OR OTHERWISE ACCESSIBLE OVER THE INTERNET.
Indemnity
You agree to defend, indemnify, and hold harmless K-Tec, its agents, assigns, employees, contractors, consultants, and service providers and their respective successors and assigns, from and against any and all claims, demands, actions, proceedings, liabilities, judgments, penalties whether civil or criminal, taxes, and all costs, liabilities and expenses (including, without limitation, reasonable legal fees on a solicitor client basis) arising out of or relating to your use of the Site, or that may be incurred by K-Tec arising out of, or relating to, your violation of these Terms of Use, the misuse or illegal use of the Site, or any violation by you of applicable law or rights of any third parties (including intellectual property rights), the failure of you to comply with applicable laws and regulations, or your negligence or willful misconduct.
Remedies and Recourse
If you are dissatisfied with the Site or with these Terms of Use, your sole and exclusive remedy is to discontinue using the Site.
K-Tec reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including the right to terminate or discontinue your use of the Site by blocking access from a particular IP address to the Site or any part thereof or otherwise.
Amendment, Severability and Waiver
K-Tec reserves the right to alter, add, remove or otherwise modify these Terms of Use, any incentive program, and the Site at any time and in its sole discretion. Any such amendments shall be effective immediately upon posting, and you agree to periodically review the Terms of Use to be aware of any amendments. Your continued use of any part of the Site shall be construed as acceptance of the Terms of Use and any amendments thereto.
Each provision of these Terms of Use is intended to be severable and if any provision is determined by a court of competent jurisdiction to be illegal, invalid or unenforceable for any reason whatsoever, such provision shall be severed from these Terms of Use and will not affect the legality or validity or enforceability of the remainder of these Terms of Use or any other provision and the Terms of Use shall be construed, as nearly as possible, to reflect the intentions of the severed provision(s) to the extent possible under applicable law.
No delay on the part of K-Tec in exercising any right, power or privilege under these Terms of Use shall operate as a waiver of those rights, nor preclude any other or further exercise of those rights or the exercise of any other right, power or privilege under these Terms of Use.
Governing Law and Jurisdiction
These Terms of Use shall, in all respects, be construed according to, and the rights and liabilities of the parties shall in all respects be governed exclusively by, the laws of the Province of Manitoba and the laws of Canada applicable therein without reference to the rules of conflicts of law.
You expressly consent to the exclusive forum, jurisdiction, and venue of the courts of Manitoba and/or the Federal Court of Canada in Manitoba, or any other judicial district or jurisdiction as K-Tec may determine in any and all actions, disputes, or controversies relating to these Terms of Use or the Site.
Other Important Terms
These Terms of Use include this document, any incentive program agreement and any additional terms of use that appear on the Site or in coordination with delivery of the Site and, where additional terms conflict with the terms of this document, those additional terms shall govern.
These Terms of Use constitute the entire agreement between K-Tec and you with respect to your use of the Site. No waiver by either K-Tec or you of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
This Agreement has been drawn up in the English language at the express request of the parties. La présente convention a été rédigée en anglais à la demande expresse des parties.
Contact
To contact K-Tec in connection with these Terms of Use or the Site, send an email to sales@ktec.com or write to: Box 257, Rosenort Manitoba, R0G1W0
Privacy Policy
TERMS OF SERVICE
Last Updated: May 12, 2020
Welcome to K-Tec.com (the “Site”), provided by K-Tec Earthmovers Inc., and its affiliates, subsidiaries, parent company, or other related companies (“Us”, “We”, or K-Tec). This K-Tec.com Privacy Policy (“Policy”) describes the information we gather from you when you use K-Tec’s products & services as well as the Site and related products & services (together, the “Services”) and how we use, process, and disclose that information. This Privacy Policy has been created in compliance with the Personal Information Protection and Electronic Documents Act (PIPEDA).
By submitting personal information through our Services, you expressly consent to the transfer of your personal data to our servers in Canada for our collection, use, and disclosure in accordance with this Policy. K-Tec will store the personal information on its internal servers or with its services providers or both.
You can deny or withdraw your consent to K-Tec’s collection, use and disclosure of your personal information at any time upon reasonable notice, subject to any legal or contractual requirements. However, if consent is denied or withdrawn, K-Tec may not be able to provide certain products or services.
Note to Residents of the European Union: In order to comply with the requirements of the European General Data Protection Regulation (GDPR) for European users, this Policy outlines the legal basis on which we process your personal data (also referred to as personal information herein) and provides other information required by the GDPR. We process personal data when we have a lawful basis to do so in accordance with the GDPR. Generally, this means that we process personal data only where we have consent, where necessary to provide you with information, products, or services, or where necessary to comply with our legal obligations. We may also process personal data where otherwise allowed by the GDPR for the purposes outlined in this Policy (for example, to communicate with you and to respond to your requests). Please see below for further information.
INFORMATION COLLECTED
K-Tec only collects personal information about you with your knowledge and consent. Generally, this means that K-Tec collects personal information directly from you to whom it relates, whether via K-Tec’s website, e-mail, telephone, fax, or in person. Occasionally, K-Tec may collect personal information from third party sources, but only with your knowledge and consent or where otherwise authorized by law.
The type of information that K-Tec may collect from individuals includes, for example, name, email address, address, phone number, business or employer information, purchase history, and other information individuals choose to provide.
K-Tec may collect anonymous customer information when you visit our Site, as some information about your visit is automatically collected by K-Tec’s systems. When you visit our Site, your computer’s operating system, Internet Protocol (IP) address, access times, browser type and language, and the websites you visited before our Site are logged automatically. K-Tec will not attempt to link or match such anonymous technical information with any personally-identifiable information unless:
- K-Tec has your consent;
- K-Tec (or its service providers) have detected or reasonably suspect any unlawful use of K-Tec’s services or a security breach; or
- K-Tec has a legal duty or right to do so.
We also collect information about your usage and activity on our Site, including information you submit as a part of surveys or projects.
The following are additional ways that K-Tec may collect information:
- Cookies. We automatically collect information using “cookies.” Cookies are small data files stored on your hard drive by a website. Among other things, cookies help us improve our sites and your experience. We use cookies to see which areas and features are popular, to count visits to our sites, and show you personalized ads. By using our site you agree that we can place cookies on your device. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies from K-Tec. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Site.
- Web Beacons. We also collect information using Web beacons. Web beacons are electronic items used on our Site and in our emails. We use Web beacons to deliver cookies, count visits, understand usage, and to tell if an email has been opened and acted upon.
- Google Analytics. Google provides us with analytics services and may collect the type of information described above. To learn more about how Google stores and protects your data, see their Privacy Policy here. To learn more about opting out of Google Analytics, visit here.
- Social Media & Other Public Website Information. For better communication with potential business prospects, K-Tec may gather publicly listed information on social media and other online sources for business information.
- Request for Information. Basic personal/company information including name, company name, email address, phone number may be asked in exchange for K-Tec providing equipment specification sheets in printable pdf format, using cost analysis tools, demonstration application, contact us forms, or dealer portal account registration.
- Dealership Information Submissions. In order to verify valid warranty timeframes, and for the purposes of direct marketing and other related purposes, customer personal/company information is provided to K-Tec by authorized dealerships.
- Telematics. K-Tec collects data from the use of its products including machine performance data for the purposes outlined below. This data is collected in an anonymous form to the extent possible. K-Tec will not attempt to link or match such anonymous data with any personally-identifiable information unless K-Tec has appropriate consent.
K-Tec may collect personal information for other purposes where it has a legal duty or right to do so or where K-Tec has a good faith belief that it is necessary to protect the property or rights of K-Tec.
K-Tec does not collect personal information for any other purposes, unless it has your consent.
USE OF INFORMATION WE COLLECT
K-Tec collects and may use customer information for purposes described in this Policy or disclosed to you on our Site or in connection with our Services. For example, we may use information that you provide or about you to:
- Provide individuals with information on current and future products and services or other developments with respect to the K-Tec and its affiliates and partners (in accordance with Canada’s Anti-Spam Legislation);
- Better understand how we may improve our products and services. This may include merging customer information with data obtained from other customers, agents or organizations;
- Respond to your comments and questions, provide customer service, and otherwise fulfill your requests;
- Operate and improve our Site and Services;
- Determining warranty eligibility and administering the applicable warranty for K-Tec Products and Services;
- Ask you to take part in research & development and surveys used to measure our performance and improve our Products and Services;
- Protect, investigate, and prevent potentially fraudulent, unauthorized, or illegal activities;
- Protect our rights and the rights of our users;
- Track user engagement with features in Vbout & CRM;
- Store your contact information in Vbout & CRM for marketing purposes. We may send you promotional emails such as research, insights, analysis or event invitations that may be of interest to you. For more information about how Vbout stores and protects your data see their Privacy Policy here; and
- Meet legal requirements.
SHARING OF PERSONAL INFORMATION
K-Tec does not use or disclose personal information unless K-Tec has your consent, K-Tec has a good faith belief that disclosure of the information is necessary to protect the rights or property of K-Tec, or K-Tec has a legal duty or right to do so.
K-Tec has a close working relationship between its affiliated companies, including for example, with K-Tec Distributors. Personal information may be shared between these organizations to facilitate the purposes listed above in accordance with this Policy.
Ways we may share your personal information with third parties include the following:
- with third party vendors, financial institutions/services, consultants, and other service providers who need access to your information for us to provide the Services to you (for example, manufacturers and information technology service providers);
- to provide opportunities to further publicize your own business, such as testimonial/reference provision in media;
- to comply with laws or to respond to lawful requests and legal process;
- to protect the rights and property of K-Tec, our agents, customers, and others including to enforce our agreements, policies, and terms of use;
- in an emergency to protect the personal safety of K-Tec, its customers, or any person; and
- in connection with or during negotiation of any merger, sale of company assets, financing or acquisition of all or a portion of our business to another company.;
Some of our affiliates or service providers are located in or store information in the United States of America. As such, your information may be processed in the United States of America and may be accessible to law enforcement and national security authorities of that jurisdiction. By providing your information to K-Tec, you expressly consent to this.
We may also share aggregated or anonymized information in a form that does not directly identify you.
We do not otherwise provide or sell our customer information to third parties.
SECURITY OF YOUR PERSONAL INFORMATION
K-Tec takes reasonable steps (including physical, technological and organizational measures) to help protect your personal information in an effort to prevent loss, misuse and unauthorized access, disclosure, alteration, and destruction.
The protection of personal information is of paramount concern to K-Tec, and K-Tec is prepared to take appropriate and timely steps in the event of any incidents involving personal information in accordance with applicable privacy laws.
K-Tec makes every reasonable effort to ensure that personal information is accurate and complete. This may involve requesting further information or updates from individuals. K-Tec relies on individuals to notify Us if there is a change to their personal information that may affect their relationship with K-Tec.
K-Tec retains personal information only as long as is reasonable to fulfill the purposes for which the information was collected, or for legal or business purposes.
YOUR INFORMATION CHOICES AND CHANGES
You may opt-out of receiving promotional emails from K-Tec by following the instructions in those emails or by contacting sales@ktec.com. If you opt-out of promotional emails, we may still send you non-promotional emails, such as emails about your account or our ongoing business relations. You may also make requests about changes to your information or removal of your content by following the directions in your account or by contacting sales@ktec.com.
When you visit our Site, we and others give you the following choices about use of mechanisms for tracking, including tracking of your online activities over time and across different websites and online services by third parties. Many Web browsers are set to accept cookies by default. You may choose to opt-out of use of cookies by certain third-party analytics providers. If you delete your cookies, use a different browser, or buy a new computer, you may need to renew your opt-out choices. While we and others give you choices described in this Policy, there are many ways Web browser signals and other similar mechanisms can indicate your choice to disable tracking, and we may not be aware of or honor every mechanism.
ACCESS TO PERSONAL INFORMATION
K-Tec will provide individuals with access to the personal information K-Tec holds about them in accordance with applicable laws. K-Tec reserves the right to require that any request for access to personal information be made in writing. Generally, there is no cost for such access. However, K-Tec reserves the right to charge such costs on a case by case basis in accordance with applicable laws. The individual will be notified in advance if charges apply.
K-Tec will correct or amend the personal information in its files where it can be shown that the information is incorrect or incomplete.
ADDITIONAL TERMS/ SPECIFIC PROGRAMS
K-Tec Dealer Portal and Sales Hub
The K-Tec Dealer Portal and Sales Hub (the “Dealer Portal”) is a part of the Site which authorized K-Tec dealers can access for the purposes of submitting information on sales of K-Tec products.
In order to record sales on the Dealer Portal, sales representatives will be required to provide identifying information about the sales representative, including full name, employer, company address, email address and phone number. Once sign-up is complete, the Dealer Portal will allow sales representatives to submit details on sales of K-Tec products, including details on the transaction and the customer. The Dealer Portal will allow copies of documentation, including consents by end customers to the collection of their personal information, to be transmitted to K-Tec.
Information collected on sales representatives will be used by K-Tec for the purposes of generating and maintaining contact lists for sales representatives, and facilitating direct contact by K-Tec of sales representatives who sell K-Tec products for the purposes of advising them of new products and opportunities, inquiring as to further information relating to completed sales of K-Tec products and facilitating any entitlement to promotional incentives that may be in effect from time to time.
Information concerning individual customers and sales submitted by sales representatives through the Dealer Portal will be collected by K-Tec and used for the purposes of facilitating direct advertisement and contact with customers, determining warranty availability, facilitating warranty service requests and determining entitlement to promotional incentives that may be in effect from time to time.
K-Tec may contact sales representatives and end customers whose information is submitted through the Dealer Portal in connection with the purposes outlined above by way of email, phone or postal mail.
This Policy may be supplemented from time to time with other additional terms specific to a particular program.
DISCLAIMER
All the information presented on this website is presented in good faith and believed to be correct. However, K-Tec makes no representations or warranties as to the completeness or accuracy of this information.
Information is supplied upon the condition that persons receiving it will make their own determination as to its suitability for their use. In no event will K-Tec be responsible for damages of any nature whatsoever resulting from the use of or reliance upon this information.
Should you choose to correspond to K-Tec with questions, comments, ideas or suggestions, regarding this Web Site or K-Tec scraper products or services, you agree that, subject to this Policy, such information shall be deemed as non-confidential and K-Tec shall be free to disclose, use, and distribute the information to others including but not limited to developing, manufacturing, and marketing products incorporating the provided information.
CHANGES TO THIS POLICY
K-Tec may change this Policy from time to time. If we make any changes to this Policy, we will change the ‘Last Updated’ date at the top of this page.
GDPR INFORMATION
The GDPR sets out obligations and rights with respect to the personal data of residents of the European Union. We are committed to ensuring that we complies with the requirements of the GDPR. As such, this section outlines additional information relevant to residents of the European Union only. Please see the remainder of this Policy for more information on our privacy practices.
Your Rights relating to your Personal Data
Subject to some exceptions, the GDPR provides you with the following rights:
- Right of access: You have the right to information about whether and why we process your personal data and related information (for example, what personal data we are processing).
- Right of rectification: You have the right to correct any inaccurate or incomplete personal data that we hold about you.
- Right to erasure: You have the right to ask us to delete personal data that we hold about you.
- Right to restrict or object to processing: You have the right to ask us to limit or stop our processing of your personal data in certain cases (for example, if the personal data we are processing about you is inaccurate or is for direct marketing purposes).
- Right to data portability: You have the right to ask us for a copy of personal data we hold about you and to transfer such data to another entity.
- Right to complain: We encourage you to contact us at the contact information below if you have any questions or concerns with our personal data practices. However, you also have the right to complain to regulatory authorities in your jurisdiction. Please contact us at the contact information below if you need information about the appropriate authority.
You may exercise these rights or find out more about these rights by contacting us at the contact information listed below.
Retention and Storage of Personal Data
We are based in Canada and processes personal data in Canada. The European Commission recognizes Canada as providing an adequate level of protection for personal data. Our service providers may process your personal information outside of Canada (such as in the United States of America). When your information is processed outside of the European Union, it may be subject to the laws of and be accessible by legal authorities in such other jurisdictions. We have taken appropriate technical, organizational, and legal steps to secure this information.
QUESTIONS
If you have any questions regarding our privacy policy, correction edits to, or the security of your personal information, please contact us at (204) 746-6435, sales@ktec.com, or by writing to:
Privacy Officer
K-Tec Earthmovers
Box 257, Rosenort, Manitoba
Canada R0G 1W0