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Terms of Use

Introduction

Welcome to The Frag Mag! We are extremely glad you are here. To make your stay as comfortable and laid back as possible we are presenting you with this summary of assumptions we used to set this whole thing up. We assume you agree to these while using this platform of ours and we hope that your familiarity with them will actually make your stay more enjoyable and the whole experience more clear and transparent. If you find that any of this is actually hard to understand, please get in touch with our Customer Service via our contact form below.

While all of our business and legal assumptions are outlined in the General Terms & Conditions, the Terms of Use will help you understand how to use this platform of ours..

Associated Documents

Privacy Policy (outlining the way we process PII on this platform)
General Terms & Conditions (outlining the business and legal assumptions for all users and operators of this platform)

Glossary

Owner, Us – The owner of the general brand and TheFragMag.com website and manager of this platform, based in Ontario, Canada.

Platform – TheFragMag.com website you are currently using and all of its access points and backend technical, legal, customer service and financial infrastructure used by our online points of contact with our customers, including, but not limited to, websites, communication solutions, mobile apps and social media profiles, hosting infrastructure, and connections to shipping gateways, accounting and tax remitting platforms and associated payment gateways and banking solutions owned by third parties.

Customer, You – a legally able consumer purchasing products for own use, as well as subscription holder and general and consumer of content available on our Platform.

Privacy Policy – a document outlining the way we process PII on this platform

General Terms & Conditions, T&C – a document outlining the business and legal assumptions for all users and operators of this platform

Your Profile and Personally Identifiable Information (PII)

Creating your profile and data involved

To take full advantage of the functionalities of the platform you will need your email address to set up a customer profile. You will need to provide the following data:

  • your real first and last names and an email address,
  • your username,
  • password,
  • and give your permission to receive electronic communication from Us.

The information you provide must be real because you will need your email address to complete setting up your profile as well as enable any future communication with us. The email address is also the main identifying data to verify you as a user of our platform and it can only be changed by contacting our Customer Service via our contact form below and successfully completing our verification process.

To have any orders fulfilled, you will need to provide your delivery address, as well.

Your personal data is protected in accordance with our Privacy Policy. Any data processed by our partners (ie. the payment gateway provider) on their platforms is subject to their own privacy policy agreements and as such we are not responsible for how your data processed in their systems.

Should you lose your login information, you can try using a ‘Reset password’ link available on our login screen or contacting our Customer Service via the contact form below. PLEASE NOTE: you will never be asked to provide your password by Us or any of our employees!

It may be that we ask you to give us permission to contact you with marketing information outside of the scope of the regular transactional communication. Should you give us such permission, Us or our partners may contact you with special offers and other communication, as well as process your data. You can manage and/or revoke your permissions given at any time by following the ‘Unsubscribe’ link at the bottom of every electronic communication from Us or by changing your preference through your user profile or by contacting our Customer Service via the contact form below.

Technical issues and errors

We do our best to ensure full time Platform availability. However, if there are any technical problems you experience with accessing our Platform which in any way impede your ability to place or track your orders, we ask that you stay patient and try a little later or by contacting our Customer Service via the contact form below if the issue persists or to report any problems. Please also accept our apologies for any inconvenience.

Photography

Images of products, as well as marketing photography used on our Platform aims to reflect the nature of the product as closely as possible. However, due to a variety of reasons, including different sources for images, photography setups, formats and end devices used to reproduce and display these images, photographs on our Platform may not always reflect some characteristics accurately, especially when it comes the appearance of the product. Please be aware of this possibility when ordering as differences in colour, shade and texture of the materials between real product and its images on the Platform are not considered grounds for any claims.

Liability

Responsibility

Insofar as we are required by law and the herein set out obligations towards our Customers, we are responsible for maintaining this Platform, secure and legal management and administration of our users’ personally identifiable information and proper fulfilment of orders according to transaction terms described herein within our scope of operations and jurisdiction.

We are not responsible for errors or omissions of third parties, including our partners and you, the Customer, as well as for damages caused by any wrongdoings, whether malicious or unintentional, done directly by third parties or on their behalf by their agents.

As well, we are not responsible for the third party technical solutions’ functionality and up-time, as well as their proper fulfilment of technical requirements and functioning of their systems of data processing and material delivery in connection with our service.

Force majeure

In case of force majeure events, we reserve the right to refuse, deny and suspend all or part of our services towards our Customers without assuming liability or possibility of seeking damages or other claims from us.

Force majeure events are those which occur beyond our control and without the likelihood of realistic forecast, such as wars, catastrophes of natural and man-made causes, fires, as well as mass job action undertaken by employees of one of our partners’ or other third parties crucial to the delivery of our service, in particular to job strikes by the staff of courier companies and/or airline or other public transport employees, banking and financial institutions, Internet service providers, communications companies and government institutions affecting our processes.

Under such circumstances, we will undertake every effort in order to fulfil our obligations towards our customers as soon as possible or reimburse them out of our own volition notwithstanding our legal and contractual obligations as Customer satisfaction is still the main priority in all our undertakings.

In all cases, you as our Customer will be informed as promptly and accurately as possible of the current situation, your order status and reparative and other actions we are undertaking.

Disputes settlement

We value your trust and opinions. This is why we always try to consider your feedback and examine any disputes on case-by-case basis. This is why we prefer to settle any disputes in fair and friendly manner. We believe any matter can be resolved that way. This is why we encourage you to contact us as early as possible to talk to us before taking any matter to court.

However, should you wish to do so, we are open to any form of officiated settlement method, such as through a mediator or arbitration court.

If none of these methods help us settle a grievance against, our Customers have a legal right to seek damages and/or prosecute us in the court of law. In such an event, the court to file the case with is the one with jurisdiction over the location of our registration, in this it is the Canadian Provincial Court nearest to our home location in Ontario, Canada.

Documentation and source of truth

In any matter of dispute, the only source of truth shall be the records from our data systems, email communication with the Customer, and any other data regarding the matter in question in possession of our partners who were involved in the transaction and order fulfilment process, as well as any unedited and unaltered photographic or video material taken by any of the parties involved.

Intellectual property rights

Intellectual property rights of Platform owners and third parties

All original copy, illustrations and photography, as well as overall design of this website constitute copyright protected intellectual property of the Owner. Any unauthorised copying, syndication or publishing elsewhere, especially without proper credit and links to the original materials are strictly prohibited and shall be persecuted to the full extent of the law.

Many materials comprising the content of our Platform, including product offers, come from third party sources and no licenses were transferred for the use of these materials to the Platform owners, apart from the rights to use those materials to promote specific products on our Platform.

All users of our Platform use it for their own private purpose and neither we, nor our partners, transfer any rights or licenses to the Customers of the Platform and users are not entitled to reproduce, modify, record, disseminate or publish commercially or for any other economic gain images or video materials, documents and any other intellectual property found on the Platform, unless expressly authorised by the author of the particular piece of content.

All images, video materials and documents on the Platform are used with their authors’ permission and within the terms of any licenses granted publicly or directly to the owners of the Platform.

Sharing of content

Sharing of content found on the website for own purposes is allowed, as long as any images, videos, documents and any other content comprising part of the Platform is used privately or shared only with a private audience or directly with other private individuals and with proper accreditation at all times.

Sharing of link references from our Platform is allowed as long as it is not done with a malicious purpose that could harm our reputation.

Please report any suspected breaches and abuses of intellectual property rights and copyrights by contacting our Customer Service via the contact form below.

Period of validity and updates

We reserve the right to make changes to the herein document as well as other documents outlining the terms and conditions in effect on our Platform. Any such changes are proactive and shall be communicated on our websites as well as by direct email to those Customers who have registered as users on the Platform and agreed to receive email communication.

Abuse

We reserve the right to suspend any registered user accounts, block IP addresses of computers and refuse to process transactions and fulfil orders to anyone who displays suspicious and potentially harmful behaviour on the Platform, including attempts at brute force attacks, bot activity, any attempts at hacking, phishing, stealing data, disrupting the functioning of our infrastructure, fraud, false transactions, providing false information, attempting to infect our infrastructure or those of our partners with viruses or malware, misrepresenting the content found on our Platform in the media and on other venues, disseminating hate and hateful materials, discriminatory activity, and any other malicious or illegal activity.

We will comply with any lawful request by the law enforcement institutions to aid investigations into such abusive and/or illegal activity, including providing access to our records, infrastructure and our users’ personal data, to the extent required by law.

We are indemnified of any responsibility towards the users and Customers of our Platform and other third parties where the harm is caused by activities of third parties, including our partners and Platform users and Customers.

Accessibility

Browser support and text modifications

This Platform utilizes standard code that should enable its visitors to use most browser’s accessibility features.
Please note the following keyboard and menu commands that will enable you to manipulate font (text) size in major browsers in order to provide better readability.

Internet Explorer
Increase text size using your mouse
View > Text Size
Increase text size using your keyboard
+ or – to increase or decrease text size
Chrome
Menu > Zoom
Control key > + or – to increase or decrease text size
Firefox
View> Zoom text only
Control key > + or – to increase or decrease text size
Safari
View > Make text larger
Command key > + or – to increase or decrease text size
Opera
Menu > Zoom
Control key > + or – to increase or decrease text size

Using mobile devices

This website uses advanced layout features that make it compatible with most mobile browsers. In particular, the layout of the pages that comprise this website is responsive, meaning it should adjust to fit browser windows of various resolutions and dimensions while retaining all or most of its features.

Magnifying your screen

If the text is hard to read and the text increase option is not sufficiently helpful in that regard, some operating systems offer built-in tools to allow magnification of all or parts of the screen. All recent versions of Windows include such magnification software.

The Windows built-in magnifier will increase text to a very large size, but only for a small part of the screen. Third party magnification software may be a better option.

For users with the Mac OS 8 or 9 operating system A magnifier called CloseView is available for Mac OS 8 and 9 users. OS X and higher users will need to use the inbuilt zoom feature.

Images and ALT text

Many images on our website have an alt text associated with the picture which can be read aloud by screen readers or Braille displays. The alt text serves the same purpose as the image itself and still conveys the same essential information.

External inks

Please note most external links on this website will open in a new browser tab or window (depending on browser preferences).

Navigation

This website utilizes a main menu on the top of the page, as well as an additional menu in the footer at the bottom. There is a sitemap of this website available, should you wish to have an overview of the full structure of this website.

Printing and formatting in PDF

The contents of this website can be saved and/or printed in HTML, PDF (Adobe Acrobat format) and other formats, as made available by the native browser features. This functionality is is not provided directly on our Platform and may not function correctly under all browser and operating system combinations.

Sharing

This Platform may give the user an option to share content through their social media profiles and email via a third party supplied plugin. Please note this functionality may not work under all browser and operating system combinations and any data passed onto third parties as part of this functionality is used according to our Privacy Policy and the terms and conditions of the individual social media platforms involved. While it is generally a safe practice to use this type of functionality to share content from the pages you browse with others, caution is nevertheless advised. Should you find any suspicious activity on your social media account following sharing the content of this website, please notify the owners/administrators of this website contacting our Customer Service via the contact form below.

Downloadable files

Where possible, downloadable documents on our Platform are provided in PDF format in order to preserve their original information and formatting. To open and view pdf files, download the latest version of Adobe Acrobat Reader for free. You can also convert pdf to either HTML or Text by using the Access Adobe online PDF conversion tool or any other online or third party conversion tools.

The Royal National Institute for the Blind also publishes information on accessing a PDF using screen readers for users. For further information on accessibility when using Adobe products please visit Accessibility page by Adobe.

In case downloadable files are provided in ZIP format, please save the files to your disk and use your OS application to uncompress the files. You can download the latest version from Microsoft or obtain similar software packages via other third parties. Please note all attachments made available through this website are previously scanned for viruses and do not include any viruses or malware to the best of the website owners/administrators’ knowledge.

Closing remarks

While we strive to provide you with the safest and best experience on our Platform, as with any business endeavour and technological Platform unforeseen issues are a possibility. We would like to take every opportunity to react to such issues as quickly as possible, therefore we ask that if you run into any problems while using our Platform please report them immediately by contacting our Customer Service via the contact form below.

Many thanks and enjoy your visit!