PRIVACY POLICY | TERMS OF WEBSITE USE
SEW-Eurodrive is committed to respecting our customer’s privacy. Once you choose to provide personally identifiable information, either on our website or to one of our sales representatives, it will only be used in the context of your customer relationship with SEW-Eurodrive.

When accessing our website, we may collect personal information from you, including your: (a) full name; (b) e-mail address; (c) mailing address; (d) daytime, evening and/or cellular telephone numbers; (e) type of business you work in; (f) type of industry you work in; (g) information you are interested in learning more about; and/or (h) any other information requested on the applicable form.

SEW-Eurodrive will not sell, rent, or lease your personally identifiable information to others. Unless required by law or your prior permission is obtained, SEW-Eurodrive will only share the personal data you provide with other SEW-Eurodrive entities and/or business partners who are acting on SEW-Eurodrive’s behalf to provide you products and services. Such SEW-Eurodrive entities and/or national or international business partners are governed by SEW-Eurodrive’s privacy policies with respect to the use of this data.

By registering with, or providing personal information to us, you hereby allow us and our affiliates to use your personal information for any purpose related to the operation of our business. The personal information that you submit to us remains your property, but by submitting such information to us, you grant us and our affiliates the right, subject to applicable municipal, provincial and federal law, to use the personal information for marketing purposes. We may disclose personal information to employees, third-party agents and independent contractors, and to our sales representatives who may contact you directly. You agree that we may contact you at any time with updates and/or any other information that we may deem appropriate for you to receive in connection with your continued use of SEW-Eurodrive products and services and our website. In addition, if you identify yourself to us by sending us an email with questions or comments, we may use such information (including personal information) to respond to your questions or comments, and we may file your questions or comments for future reference. We may also supplement the information that we collect with information from other sources to assist us in evaluating and improving our services, and to determine your preferences so that we can tailor our website and services to your needs. By submitting your personal information and opting in to join our mailing list, you agree to receive e-mail marketing from us in accordance with Canada’s anti-spam legislation. SEW-Eurodrive or our affiliates may also use contact information from your personal information to send you information about and/or contact you regarding: (i) the Website and products and services; (ii) our or our affiliates’ other products, services and offerings; (iii) the offerings of third parties; and (iv) your account status. Please keep in mind, though, that we do not control, and are not responsible for, the practices of our third-party advertisers or those of affiliates. We may collect certain non-personally identifiable information about you when you visit many of the pages of our website. This non-personally identifiable information includes, without limitation, the type of browser that you use (e.g., Mozilla, Internet Explorer), your IP address, the type of operating system that you use (e.g., Windows, Mac OS) and the domain name of your Internet service provider (e.g., Rogers, Bell, Shaw). We use the non-personally identifiable information that we collect to improve the design and content of the website and to enable us to personalize your Internet experience. We also may use this information in the aggregate to analyze website usage, as well as to offer you products and services.

Some or all of the personal information SEW-Eurodrive collects may be stored or processed on servers located outside your jurisdiction of residence, whose data protection laws may differ from the jurisdiction in which you live. As a result, this information may be subject to access requests from governments, courts or law enforcement agencies in those jurisdictions according to laws in those jurisdictions. Subject to applicable laws in such other jurisdictions, we will use reasonable efforts to ensure that appropriate protections are in place to require the data processor in that jurisdiction to maintain protections on the personal information that are equivalent to those that apply in the jurisdiction in which you live.

Our website may contain links to third-party owned and/or operated websites. SEW-Eurodrive is not responsible for the privacy practices or the content of such websites. These third-party websites have separate privacy and data collection practices and SEW-Eurodrive has no responsibility or liability relating to them. SEW-Eurodrive reserves the right to use personally identifiable information to investigate and help prevent potentially unlawful activity that threatens SEW-Eurodrive or our affiliates, moreover, upon the appropriate request of a government agency, law enforcement agency, court or as otherwise required by law, SEW-Eurodrive may disclose personally identifiable information.

SEW-Eurodrive endeavours to safeguard and protect our customers’ information. The privacy of your personal information is very important to us. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot ensure or warrant the security of any information that you transmit to us, and you do so at your own risk. We encourage you to periodically review these policies as we may choose to change them occasionally to reflect industry initiatives, changes in the law or technology or changes in our practices regarding information collection, use and disclosure. SEW-Eurodrive reserves the right to change or update this Privacy Policy at any time by posting a notice on our website that we are changing our Privacy Policy. You can determine when this Privacy Policy was last revised by referring to the “Last Updated” legend at the top of this page. If the manner in which we use personally identifiable information changes, we may notify you by: (a) sending the modified policy to you via email; and/or (b) by any other reasonable means acceptable under applicable provincial and federal law.

This Website is only for users from Canada. If you are visiting us from the European Union, please visit the SEW-Eurodrive website responsible for serving your territory. Please note that we may transfer your personally identifiable data outside the European Union for use for any of the purposes described in this Privacy Policy. By using the Website and providing us with your personal data, you consent to such transfer of your personal data. If you have any questions about this Privacy Policy, please e-mail us at:[email protected]

TERMS OF WEBSITE USE
Please carefully read the following Terms of Use before using the https://www.sewcan.ca/english/ Web site (the “Site”). By accessing this Site, you agree to be bound by these Terms of Use. These Terms of Use may be updated from time to time. When we make changes, we will post them here. You can determine when these Terms of Use was last revised by referring to the “Last Updated” legend at the top of this page. If at any time you do not agree to these Terms of Use, please do not use this Site. This site is operated by SEW-Eurodrive Company of Canada Ltd. (“SEW”). Throughout the Site and these Terms of Use, the terms “we”, “us” and “our” refer to SEW. SEW offers this Site, including all information, content, materials, tools, products and services available from this Site, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies, statements and notices stated here. Your continued use of this Site constitutes your agreement to these Terms of Use.

PRIVACY
We respect your privacy. Our Privacy Policy, located at https://www.sewcan.ca/english/privacy.aspx, is incorporated into and forms a part of these Terms of Use and is part of our agreement with you. Please read our Privacy Policy carefully as it describes, among other things, how we collect, use, share, transmit, transfer and secure information obtained when you access and use our Site.

USE OF CONTENT ON THE SITE
All content on this Site (including, without limitation, data, text, design, graphics, photographs, logos, icons, images, audio and video clips, downloads, interfaces, code, software, and systems, as well as the selection and arrangement thereof), is the exclusive property of and owned by SEW, its licensors or its content providers and is protected by Canadian, U.S. and international copyright, trademark and other applicable laws. You may access, copy, download and print the content contained on the Site for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the content you access, copy, download or print. Any other use of content on the Site, including but not limited to the copying, reproduction, modification, distribution, transmission, performance, broadcast, publication, uploading, posting, displaying, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any content, material, information, software, products or services obtained from the Site, or use of the Site for purposes competitive to SEW, is expressly prohibited. SEW, or its licensors or content providers, retain full and complete title to the material provided on the Site, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in SEW ’s sole discretion. SEW neither warrants nor represents that your use of materials on this Site will not infringe rights of third parties not affiliated with SEW. You or third parties acting on your behalf may not: (i) use contact information provided on the Site for unauthorized purposes, including marketing; (ii) use any hardware or software intended to damage or interfere with the proper working of the Site or to surreptitiously intercept or harvest any system, data or personal information from the Site; (iii) interrupt or attempt to interrupt the operation of the Site in any way; (iv) frame this Site or use SEW ’s proprietary marks, or any mark, word, term or slogan likely to be confused therewith, as meta tags or anything else, without our duly authorized prior written consent; (v) use frames or utilize framing techniques or technology to enclose any content included on the Site; (vi) utilize any Site content in any meta tags or any other “hidden text” techniques or technologies; or(vii) attempt to gain unauthorized access to the Site or networks connected to the Site.

SEW reserves the right, in its sole discretion, to refuse or cancel your registration, limit or terminate your access to or use of the Site at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which SEW may be entitled, at law or in equity. SEW reserves all rights not expressly granted in and to the Site and its content.

TRADEMARKS AND COPYRIGHT
All SEW trademarks, trade names, logo, slogan, service marks, service names, product names, and intellectual property, whether or not delineated in large print or with trademark symbols or in any other fashion, are trademarks and/or intellectual property of SEW or its licensors or content providers. Nothing on this Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Site without SEW’s prior written permission, except as otherwise expressly described herein. This Site and all of its content, including but not limited to data, text, design, graphics, photographs, logos, icons, images, audio and video clips, downloads, interfaces, code, software, and systems, as well as the selection and arrangement thereof, is protected as a compilation under the copyright laws of Canada and other countries. The use (except as permitted herein) or misuse of the trademarks, copyrights or any other intellectual property of SEW is expressly prohibited and may be in violation of copyright, trademark, slander or libel laws, privacy law and publicity and communications regulations and statutes. Please be advised that SEW actively and aggressively enforces its intellectual property rights to the fullest extent of the law.

USER SUBMISSIONS
Any comments, suggestions, ideas, materials and other submissions (“User Submissions”) that you send, provide or convey to SEW are provided on a non-confidential and non-proprietary basis. By submitting User Submissions, you are granting SEW an irrevocable, royalty-free, perpetual, worldwide, and fully sub-licensable license to reproduce, publish, modify, adapt, translate, creative derivative works from, and otherwise use in whole or in part your User Submissions for any purpose in any media, whether now known or hereafter invented, for any purpose (including for commercial or promotional purposes). You grant SEW the right to use your name and likeness in connection with any such use of User Submissions made by you, but we will not be obligated to identify or attribute you in connection with any such use. You also agree that we will be free to use any ideas, concepts, know-how or techniques contained in any User Submissions for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products which incorporate or otherwise rely upon that information, without notifying or providing any further compensation to you. You represent that no User Submission made by you to SEW violates any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights. You further represent that no User Submissions made by you to SEW will be or contain material that is unsolicited or unauthorized advertising, offensive, harmful, unlawful, threatening, libelous, defamatory, obscene, abusive, hateful, inflammatory, pornographic or profane material, any form of destructive software, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, violate the security of the Site, other SEW websites or would otherwise violate applicable law. You agree that you will remain responsible for the content of any User Submissions you make and that you or any party acting through you will not seek to hold SEW liable for the User Submissions of others. We may review, remove, reject, or revise User Submissions at any time, without prior notice, and in our sole discretion. We may remove, reject, or revise content that we believe violates these Terms of Use, is otherwise objectionable, or for any other reason and in our sole discretion without prior notice.

LINKS TO OTHER WEBSITES
The Site may contain links to other web pages. SEW has no influence over the current and future design and contents of the linked and/or referenced web pages. Linking to any non-SEW website is at your own risk. SEW makes no warranties or representations about any non-SEW website and has no responsibility or liable to you for such websites or their content. In addition, certain third party sites may also provide links to SEW websites. None of such links should be deemed to imply that SEW endorses such third party websites or any content therein.

ACCURACY, COMPLETENESS AND TIMELINESS ON INFORMATION ON THIS SITE
Although we strive to update and keep accurate information on our Site, errors and/or omissions may occur. We are not responsible if information made available on this Site is not accurate, complete or current. The content on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the content on this Site is at your own risk. This Site may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on the Site. You agree that it is your sole responsibility to monitor changes to the Site.

INDEMNITY
You agree to promptly defend, indemnify and hold SEW, its directors, officers, employees, agents, licensors, service providers, subcontractors, suppliers and representatives (collectively, the “Indemnified Parties”) harmless from and against any and all claims, losses, liabilities, damages, costs and expenses, including reasonable attorneys’ and professionals’ fees and court costs as incurred, (collectively, starting with the word “losses”, a “Claim”) in any way arising from, related to or in connection with your use of the Site, your violation of these Terms of Use or the posting or transmission of any User Submissions by you. You shall not, without the prior written consent of the Indemnified Parties, settle or compromise any Claim, or permit a default or consent to the entry of any judgment in respect thereof, unless such settlement, compromise, or consent includes, as an unconditional term thereof, the giving by the claimant to the Indemnified Parties an unconditional release from all liability in respect of such Claim. The Indemnified Parties reserve the right, at its/their own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with the Indemnified Parties in the defense of such matter.

DISCLAIMER
The laws of certain jurisdictions, including Quebec, do not allow the exclusion or limitation of legal warranties, conditions or representations. If these laws apply to you, some or all of the below exclusions or limitations may not apply and you may have additional rights. YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SEW EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT CONTENT AND MATERIALS ON THE SITE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY CONTENT OR MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT AND MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SEW OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. SEW DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE CONTENT AND MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.

LIMITATION OF LIABILITY
The laws of certain jurisdictions, including Quebec, do not allow the limitation of liability or certain damages. If these laws apply to you, some or all of the below limitations may not apply and you may have additional rights. YOU ACKNOWLEDGE AND AGREE THAT: (i) YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE (ii) ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES; (iii) YOUR USE OF THE SITE IS AT YOUR OWN RISK; AND (iv) THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE INDEMNIFIED PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE, OR ANY OTHER SITE YOU ACCESS THROUGH A LINK OR CONDUIT FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, SEW’S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THE INDEMNIFIED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE INDEMNIFIED PARTIES SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH THE INDEMNIFIED PARTIES IS TO DISCONTINUE YOUR USE OF THE SITE. WHERE PERMITTED BY LAW, YOU AND SEW AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED.

JURISDICTION AND APPLICABLE LAW
This section applies unless the laws of your jurisdiction apply (such as in Quebec). These Terms of Use shall be governed, construed and enforced according to the laws of the Province of Ontario and of the laws of Canada applicable therein without giving effect to: (i) the United Nations Convention on Contracts for the International Sale of Goods; (ii) the 1974 Convention on the Limitation Period in the International Sale of Goods; and (iii) the Protocol amending the 1974 Convention, done at Vienna on April 11, 1980. You expressly agree that any dispute is to be submitted to a court of competent jurisdiction in the judicial district of Toronto, Province of Ontario. You also agree to comply, at your expense, with all applicable local, state, federal and international laws and regulations, including, but not limited to, any export restrictions that relate to your use or activities on this Site. If any provision of the present Terms of Use shall be unlawful, void, or for any reason unenforceable, then such provision shall be severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

CHANGES TO THESE TERMS OF USE
Where permitted by applicable law (which may not include Quebec), we reserve the right, in our sole discretion, to change, modify or otherwise alter these Terms of Use at any time by posting revised terms on the Site. Please review the terms of use periodically because it is your sole responsibility to check for any changes we may make to these Terms of Use. Your continued use of this Site following the posting of changes to these Terms of Use or other policies or statements will constitute your acceptance.

ENTIRE AGREEMENT AND ADMISSIBILITY
These Terms of Use, any Terms and Conditions of Sale, and any policies, statements, notices or operating rules (individually and collectively, starting with the term “Terms of Use”, the “Entire Agreement”) posted on this Site constitute the entire agreement and understanding between you and SEW with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of the Entire Agreement shall be admissible in judicial or administrative proceedings based on or relating to use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

MISCELLANEOUS
The waiver of any provision of the Entire Agreement shall not be considered a waiver of any other provision or of SEW’s right to require strict observance of each of the terms herein or therein. If any provision of the Entire Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. The Entire Agreement does not create any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship. Except for the Indemnified Parties, there are no third party beneficiaries of these terms of use. The Entire Agreement is personal to you and you may not transfer, assign or delegate them to anyone without the express written permission of SEW. Any attempt by you to assign, transfer or delegate the Entire Agreement without the express written permission of SEW will be null and void. SEW have the right to transfer, assign and delegate the Entire Agreement to one or more third parties without your permission.

ACKNOWLEDGEMENT
You acknowledge that the Entire Agreement is supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the generality of the foregoing, you acknowledge that such consideration includes your use of the Site and/or receipt of data, content, materials and information available at or through the Site.