Terms & Conditions

Legal Notices & Privacy Policy

Legal Notices and Privacy Policy

The Marco Corporation ("Marco") is an authorized supplier of VIA Rail Canada for the Souvenir Program.

All contents on this Site are protected by copyright. Unless otherwise indicated, information contained on the Site is Copyright © 2010 VIA Rail Canada.

General

The following terms and conditions apply to each user of this web site (the "Site"). User acknowledges acceptance of these terms and conditions by accessing this Site. If you do not accept, or disagree with, any of the terms and conditions, please do not use this Site. Marco reserves the right to change these terms and conditions from time to time in its discretion. Revisions to the terms and conditions will be effective from the time they are posted on the Site.

Ownership and Use of Materials

Marco owns, operates and maintains this Site. Only Marco may modify, discontinue or restrict use of any portion of the Site at any time without notice. Except as specified above, you may not modify, publish, transmit, distribute or create derivative works from any materials (including, without limitation, any information or images) on this Site in whole or in part without prior written permission from Marco.

Trademarks and Patents

The trademarks, logos and service marks (collectively the "Marks") displayed on this Site are the property of VIA Rail Canada or other third parties. Users are not permitted to use any Mark without the prior written consent of VIA Rail Canada or any such third party which may own the Mark.

Links

Marco has not reviewed all of the sites linked to its Site and is not responsible for the content of, or products or services described in, any other sites linked to the Marco Site. Access to any other site linked to this Site is at your own risk.

Availability of Products and Services

Marco can not control the availability of products, services and merchandise provided by our suppliers or venders. Where ever possible Marco will provide a back order date or recommend an alternative product or service of equal value.

General Disclaimer

ALL USE OF THIS SITE AND ALL INFORMATION PROVIDED ON THIS SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. MARCO DOES NOT WARRANT THAT ITS SITE, OR THE SERVER THAT MAKES IT AVAILABLE, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MARCO AND VIA RAIL CANADA ASSUME NO LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OR OPERATION OF THE SITE. PRODUCT AND SERVICES INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. ANY REFERENCE TO A PRODUCT OR SERVICE IS FOR INFORMATION PURPOSES ONLY AND CONSTITUTES NEITHER AN ENDORSEMENT NOR A RECOMMENDATION. MARCO AND VIA RAIL CANADA SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO ANY PERSON FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS OR DAMAGES RESULTING FROM THE USE OF THIS SITE OR RELIANCE ON THE INFORMATION PRESENT ON THIS SITE, EVEN IF MARCO OR VIA RAIL CANADA HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL MARCO'S OR VIA RAIL CANADA'S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, COSTS, CLAIMS AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT ACTUALLY PAID FOR THE PRODUCT OR SERVICE GIVING RISE TO THE LIABILITY.

Privacy Policy

Marco respects your privacy. As a result, this Privacy Statement is to make you aware of how we collect and use information about visitors to this site. To serve you better we make use of the information that you provide to us including information provided via warranty, registration and other online forms and/or via cookies. This information enables us to identify you using your email address, name, title and address; as well it allows us to know what pages were accessed and your preferred means of communication. The information provided by you is used to personalize your experience and on occasion to selectively send you product information that may be of interest.

Disclosure Policy

Marco does make some of your information available to our other business units and affiliated companies. The information we collect about you may be used (a) to understand your needs; (b) to determine the suitability of our products and services for you; (c) to determine your eligibility for our products and services; (d) to set up, manage and offer products and services that meet your needs; (e) to provide you with ongoing service; and (f) to meet our legal and regulatory requirements. However, we do not share your personal information with third parties not controlled by Marco without your consent.

Use of Cookies

A cookie is a small data file that is stored on your computer while visiting a web site. The cookie can contain information such as your user ID that our site uses to track the pages you have visited. The personal information a cookie can contain is information you have supplied yourself. A cookie cannot read data off your hard disk or read cookie files generated by other web sites. Marco uses cookies to track user traffic patterns. This tracking is required to determine the effectiveness of our navigational structure for users to easily access that information. If you prefer not to receive cookies on this Site, you can set your browser to warn you before accepting cookies and to refuse the cookie when your browser alerts you to its presence. You can also refuse all cookies by turning this feature off in your browser.

Credit Card purchases

When purchasing merchandise on this Site you may use any major credit card. Banks will typically cover all unauthorized charges made on their cards, with a nominal deductible charge. Marco recommends that you check with the institution that issued your card to find out exactly what your liability may be. Secure Purchases made on this Site are encrypted with VeriSign Corporation encryption technology. For information contact Verisign: www.verisign.com. Email is NOT a secure means of sending information. It is strongly encouraged that you do not send credit card information in email correspondence. We recommend that you use our secure ordering process when purchasing merchandise from our web site. Marco reserves the right to change add to or modify any portion of this privacy policy at its discretion.

Governing Law

The agreement evidenced in these terms and conditions is governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein and use attorneys to the exclusive jurisdiction of the courts of Ontario with respect to all issues relating to the construction, validity, interpretation and enforcement of these terms and conditions. Any provisions of the International Sale of Goods Act or any convention on contracts for the international sale of goods shall not be applicable to this agreement.