Terms of Service
Entreprises Netcap Inc. (DBA Newind / Newind Marketing)
Last updated: 2026/01/03

1. Acceptance of Terms

By accessing and using the website thenewind.com (the “Site”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree, you must discontinue use of the Site.

2. About Us

The Site is operated by Entreprises Netcap Inc., doing business as Newind and Newind Marketing, a digital marketing agency providing strategy and marketing services to various client companies.

3. Use of the Site

You agree to use the Site only for lawful purposes and in accordance with these Terms. You agree not to:

  • Use the Site in any way that may damage, disable, or impair its functionality
  • Attempt to gain unauthorized access to systems or data
  • Use the Site to transmit false, misleading, or unlawful information

We reserve the right to restrict or suspend access in case of misuse.

4. Intellectual Property

All content on the Site, including but not limited to text, images, graphics, logos, and visual elements, is protected by applicable intellectual property laws and remains the property of Entreprises Netcap Inc. or its partners.

Any reproduction, distribution, or use without prior written consent is prohibited.

5. Services and Role as Service Provider (Law 25 Compliance)

Newind operates as a marketing agency and may process personal information on behalf of its clients as part of marketing mandates, advertising campaigns, digital platforms, or technological tools.

In such cases:

  • We act as a service provider within the meaning of Québec’s Law 25
  • The client remains the data controller responsible for personal information
  • The client’s policies and terms take precedence over these Terms when applicable

We commit to processing personal information only in accordance with our clients’ instructions and applicable legal requirements.

6. Forms, Communications, and Consent

When using forms on the Site:

  • You agree to provide accurate and complete information
  • You consent to the use of this information to respond to your request

Electronic communications may not be fully secure, and you acknowledge using such means at your own risk.

7. Privacy

Your use of the Site is also governed by our Privacy Policy, compliant with Québec’s Law 25, which outlines:

  • What information is collected
  • How it is used
  • Your rights regarding your personal information

By using the Site, you acknowledge having read this policy.

8. Cookies and Tracking Technologies

The Site uses cookies and similar technologies to improve user experience and analyze website usage.

You may configure your browser to refuse cookies, although some features may be limited.

9. Third-Party Links

The Site may contain links to third-party websites. We are not responsible for their content or privacy practices.

Accessing such sites is at your own risk.

10. Limitation of Liability

The Site is provided “as is” without warranties of any kind.

To the fullest extent permitted by law, Entreprises Netcap Inc. shall not be liable for:

  • Any direct or indirect damages resulting from use of the Site
  • Interruptions, errors, or unavailability
  • Loss of data, revenue, or business opportunities

11. Indemnification

You agree to indemnify and hold harmless Entreprises Netcap Inc., its officers, employees, and partners from any claims, damages, or losses arising from:

  • Your use of the Site
  • Your violation of these Terms
  • Any misuse of services or information

12. Security

We implement reasonable security measures to protect the integrity of the Site. However, no method of transmission or storage is completely secure.

13. Modifications

We reserve the right to modify these Terms at any time. Changes take effect upon publication on the Site.

14. Governing Law

These Terms are governed by the laws of the Province of Québec and applicable Canadian laws.

Any dispute shall be subject to the jurisdiction of the competent courts of Québec.

15. Contact and Privacy Officer

For any questions regarding these Terms or personal information:

Entreprises Netcap Inc.
461 Chem. de la Grande-Côte, Suite 204
Rosemère, Québec, J7A 1L3
Email: philippe.baron@thenewind.com

Privacy Officer:
Philippe Baron

Acknowledgment

By using this Site, you confirm that you have read, understood, and agreed to these Terms of Service.