Please read these terms of use carefully, as they constitute a binding agreement between you and Adventure Canada (“Adventure Canada”, “we” or “us”).
Adventure Canada offers travel services to consumers and to travel agents, primarily in the Canadian Arctic and the East Coast of Canada and also around the world, including in Latin American, The Galapagos Islands, Europe and Antarctica.
This agreement, together with our Privacy Policy, will govern your use of the web site located at www.adventurecanada.com (the “Web Site”), which site is owned and operated by Adventure Canada.
This agreement exempts Adventure Canada and other persons from liability or limits their liability and contains other important provisions that you should read. Each time you use the Web Site you acknowledge that you have read, understood, and agreed to be bound by this agreement and the documents referred to within. If you do not agree with each provision of this agreement each time you use the Web Site, you may not use the Web Site.
Each time you use the Web Site, the text of this agreement, as it then reads, will govern your use. Accordingly, when you use the Web Site you should check the date of this agreement and review any changes since the last time you visited. The changes will be clearly shown in the revised document for ease of reference.
This agreement contains the following provisions:
- Your Acceptance of this Agreement
- Changes to this Agreement
- Permitted Users and Access
- Misprints and Errors, Prices and Purchases
- No Advice or Solicitation
- Disclaimer, Liability Exclusion, Liability Limitation, Release and Indemnity
- Login Names and Passwords
- Termination of this Agreement and the Web Site
- Information Submissions
- Privacy
- Ownership and Permitted Use of the Web Site
- Intellectual Property
- Other Sites
- Linking and Framing the Web Site
- Postings and Unsolicited Submissions
- Governing Law and Dispute Resolution
- Other Matters
1. Your Acceptance of This Agreement
This is an agreement between you and Adventure Canada, and this agreement governs your use of the Web Site and its content and the services and goods provided through the Web Site. Each time you visit, browse, purchase, access or otherwise use this Web Site you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent (and for purposes of this agreement, “person” includes any type of incorporated or unincorporated entity, including your employer), without limitation or qualification, to be bound by this agreement for using this Web Site, and to comply with all applicable laws and regulations, and you represent and warrant that you have the legal authority to agree to and accept this agreement on behalf of yourself and any person (such as your employer) you purport to represent. If you do not agree with each provision of this agreement, or you are not authorized to agree to and accept this agreement, or you do not have the legal authority to agree to and accept this agreement, you may not use the Web Site.
2. Changes to This Agreement
You may not change, supplement, or amend this agreement in any manner. However, Adventure Canada may, in its sole discretion, change, supplement or amend this agreement as it relates to your future use of the Web Site from time to time, for any reason, with reasonable notice and without liability to you or any other person. If Adventure Canada makes material changes to this agreement, Adventure Canada will make reasonable efforts to notify you by posting an announcement on the Web Site and/or by sending you an email. Material changes to this agreement will be binding thirty (30) days after such changes have been introduced and for which notification of such material changes has been made.
You should check for revisions to this agreement each time you log into the Web Site or use the Web Site.
3. Permitted Users and Access
The Web Site may be used only by persons who have reached the age of majority or legal age in their jurisdictions and who can form legally binding contracts under applicable law. The Web Site may not be used by persons in jurisdictions where access to or use of the Web Site or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of the Web Site is lawful, and you must comply with all applicable laws.
4. Misprints and Errors, Prices and Purchases
Adventure Canada endeavours to provide current and accurate information on the Web Site. Nevertheless, misprints or other errors may occur.
Accordingly, Adventure Canada reserves the right, to the extent permitted by law, to change the prices, fees and charges regarding the services available through the Web Site at any time and from time to time and without notice Also, Adventure Canada cannot guarantee that the services advertised on the Web Site will be available when purchased or at any relevant time. Accordingly, Adventure Canada reserves the right, to the extent permitted by law, at any time to reject, correct, cancel or terminate any order for services made on the basis of any incorrect information or errors that appear on the Web Site. If you order services for which the fee was incorrectly displayed, Adventure Canada will provide you with an opportunity to cancel your request for services. If you order services that are not available, Adventure Canada will notify you by email as soon as possible and the purchase price you actually paid will be refunded to you. Adventure Canada reserves the right to refuse to accept any request for services, notwithstanding any course of dealing between Adventure Canada and you in the past.
5. No Advice or Solicitation
THE CONTENT OF THE WEB SITE DOES NOT CONSTITUTE ADVICE OR RECOMMENDATIONS. YOU SHOULD SEEK THIRD PARTY PROFESSIONAL ADVICE AND RECOMMENDATIONS BEFORE ACTING OR OMITTING TO ACT BASED UPON ANY INFORMATION PROVIDED ON OR THROUGH THE WEB SITE.
6. Disclaimer, Liability Exclusions, Liability Limitation and Indemnity
Adventure Canada strives to make your use of the Web Site a useful experience, and an easy way to purchase services from Adventure Canada. Nevertheless, Adventure Canada and its service providers, subsidiaries, affiliates, officers, employees, agents, partners and licensors (the “Providers”) do not accept any liability for your use of the Web Site. For that reason, the following provisions apply to your use of the Web Site:
DISCLAIMER
YOUR USE OF THE WEB SITE IS AT YOUR OWN RISK. THE WEB SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ALL OF WHICH EACH OF ADVENTURE CANADA AND ITS PROVIDERS HEREBY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW.
THE OPERATION OF THE WEB SITE MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND ADVENTURE CANADA’S CONTROL. THE OPERATION OF THE WEB SITE MAY NOT BE CONTINUOUS OR UNINTERRUPTED, SECURE or error-free. SECURITY AND PRIVACY AND CONFIDENTIALITY RISKS CANNOT BE ELIMINATED.
THROUGH OR BECAUSE OF YOUR USE OF THE WEB SITE, YOU MAY HAVE THE OPPORTUNITY TO ENGAGE IN COMMERCIAL TRANSACTIONS WITH OTHER PERSONS. ALL SUCH TRANSACTIONS ARE AT YOUR OWN RISK. ADVENTURE CANADA IS NOT A PARTY TO ANY SUCH TRANSACTIONS AND DISCLAIMS, to the fullest extent permitted by law, ANY AND ALL LIABILITY REGARDING ALL SUCH TRANSACTIONS.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ADVENTURE CANADA AND ITS PROVIDERS MAKE NO REPRESENTATION, WARRANTY OR CONDITION THAT:
- THE WEB SITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND RELATED EQUIPMENT AND SOFTWARE;
- THE INFORMATION AVAILABLE ON OR THROUGH THE WEB SITE WILL BE ACCURATE, COMPLETE, SEQUENTIAL, OR TIMELY;
- PARTICULAR RESULTS OR ANY RESULTS AT ALL MAY BE OBTAINED THROUGH THE USE OF THE WEB SITE;
- THE USE OF THE WEB SITE, INCLUDING THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS; OR
- THE USE OF THE WEB SITE WILL NOT INFRINGE THE RIGHTS (INCLUDING INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON;
AND ADVENTURE CANADA AND ITS PROVIDERS DISCLAIM ANY AND ALL LIABILITY REGARDING SUCH MATTERS TO THE FULLEST EXTENT PERMITTED BY LAW.
- THE WEB SITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND RELATED EQUIPMENT AND SOFTWARE;
- THE INFORMATION AVAILABLE ON OR THROUGH THE WEB SITE WILL BE ACCURATE, COMPLETE, SEQUENTIAL, OR TIMELY;
- PARTICULAR RESULTS OR ANY RESULTS AT ALL MAY BE OBTAINED THROUGH THE USE OF THE WEB SITE;
- THE USE OF THE WEB SITE, INCLUDING THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS; OR
- THE USE OF THE WEB SITE WILL NOT INFRINGE THE RIGHTS (INCLUDING INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON;
AND ADVENTURE CANADA AND ITS PROVIDERS DISCLAIM ANY AND ALL LIABILITY REGARDING SUCH MATTERS TO THE FULLEST EXTENT PERMITTED BY LAW.
LIABILITY EXCLUSION
TO THE FULLEST EXTENT PERMITTED BY LAW, ADVENTURE CANADA AND ITS PROVIDERS WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OR DAMAGE WE CAUSE WHICH WE COULD NOT REASONABLY ANTICIPATE WHEN YOU STARTED USING THIS WEB SITE, FOR EXAMPLE ANY LOSS OF PRODUCTION, LOSS OF INCOME OR PROFITS (ANTICIPATED OR OTHERWISE), ECONOMIC LOSS, SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OR PUNITIVE DAMAGES, WHETHER IN CONTRACT, TORT, BREACH OF STATUTORY DUTY OR OTHERWISE, ARISING FROM, CONNECTED WITH, OR RELATING TO THE USE OF THE WEB SITE BY YOU OR ANY OTHER PERSON, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY ADVENTURE CANADA OR ANY OF ITS PROVIDERS OR ANY PERSON FOR WHOM ADVENTURE CANADA OR ANY OF ITS PROVIDERS IS RESPONSIBLE.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ADVENTURE CANADA OR ANY OF ITS PROVIDERS’ TOTAL LIABILITY TO YOU OR ANY OTHER PERSON FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, AND COSTS, WHETHER IN CONTRACT, TORT, BREACH OF STATUTORY DUTY OR OTHERWISE, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY ADVENTURE CANADA OR ANY PERSON FOR WHOM ADVENTURE CANADA IS RESPONSIBLE, EXCEED ONE HUNDRED ($100) DOLLARS.
NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS OF USE, WE DO NOT EXCLUDE OR LIMIT OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, FOR ANY FRAUDULENT MISREPRESENTATIONS MADE BY US ON THE WEB SITE OR FOR ANY OTHER STATUTORY RIGHTS WHICH ARE NOT CAPABLE OF BEING EXCLUDED
INDEMNITY
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS EACH OF ADVENTURE CANADA AND ITS PROVIDERS AND ALL OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) FROM AND AGAINST ANY AND ALL LIABILITIES, EXPENSES AND COSTS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL FEES AND EXPENSES, INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM OR DEMAND ARISING OUT OF, RELATED TO, OR CONNECTED WITH YOUR USE OF THE WEB SITE, THE USE OF THE WEB SITE BY SOMEONE POSING AS YOU, OR YOUR BREACH OF THIS AGREEMENT. YOU WILL ASSIST AND CO-OPERATE AS FULLY AS REASONABLY REQUIRED BY THE INDEMNIFIED PARTIES IN THE DEFENCE OF ANY SUCH CLAIM OR DEMAND. YOU FURTHER AGREE TO INDEMNIFY ADVENTURE CANADA AND THE PROVIDERS FROM ALL SUITS, DAMAGES, COSTS AND LIABILITIES WHATSOEVER ARISING FROM ANY TRANSACTIONS IN WHICH YOU ENGAGE USING PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE WEB SITE.
The exclusion of certain warranties and the limitation of certain liabilities is prohibited by legislation in some jurisdictions and therefore some of the above exclusions may not apply to you
The disclaimer, liability exclusion, liability limitation, release, and indemnity provisions in this agreement survive indefinitely after the termination of this agreement.
7. Login Names and Passwords
Web Site accounts may be accessed only by use of your email address as a login name (for the purposes of this agreement, a “Login Name”) and password as provided by Adventure Canada. The use of a password does not restrict access by Adventure Canada, its service providers, subsidiaries, employees and agents to the password-protected information. Login Names and passwords may not be shared. For security reasons, you must keep your Login Name and password confidential and not disclose them to any person or permit any other person to use them, except an authorized Adventure Canada representative. You must log-out at the end of each session.
You (or your employer, if you use the Web Site on behalf of your employer) are solely responsible and liable for any use and misuse of your Login Name and password and for all activities that occur under your Login Name and password. You must ensure that all uses of your Login Name and password comply with this agreement.
You must immediately notify Adventure Canada of any unauthorized use of your Login Name or password, or if you know or suspect that your Login Name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised.
All Login Names and passwords remain the property of Adventure Canada, and may be cancelled or suspended at any time by Adventure Canada, in accordance with this agreement, without any notice or liability to you or any other person. Adventure Canada is not under any obligation to verify the actual identity or authority of the user of any Login Name or password.
THE SECURITY AND PRIVACY PROVIDED BY PASSWORDS IS NOT COMPLETE, AND CAN BE CIRCUMVENTED. YOUR USE OF PASSWORDS IS AT YOUR OWN RISK.
8. Termination of This Agreement and The Web Site
Adventure Canada may, in its sole discretion, change, suspend or terminate, temporarily or permanently, the Web Site or any part of it or any of its features at any time, for any reason.
To the fullest extent permitted by law, Adventure Canada reserves the right, at any time and for any reason, with or without cause, with or without notice or liability to you or any other person, and in its sole discretion, immediately suspend or terminate (in whole or in part) your permission to use the Web Site and your Login Name and password, if you do not comply with these terms of use or any applicable law .
If this agreement or your permission to use the Web Site is terminated by you or Adventure Canada for any reason, this agreement will nevertheless continue to apply and be binding upon you in respect of your prior use of the Web Site and your engagement of the services of Adventure Canada through the Web Site and anything connected with, relating to or arising from those matters. If this agreement is terminated, it will not affect our right to receive any money which you owe to us under any agreement made between Adventure Canada and yourself or any person (such as your employer) you purport to represent.
9. Information Submissions
All information you provide through the Web Site, including registration information, such as your name and email address, payment information (credit card numbers and expiration dates), if applicable, and transaction-related information, must be true, accurate, current and complete. You are responsible for providing Adventure Canada with updated registration information and payment information as soon as such changes occur and no later than 30 days after such changes. For more information on how Adventure Canada collects, uses and discloses your personal information, please refer to our Privacy Policy.
Adventure Canada will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, Adventure Canada or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information and payment information within 30 days of any change. Adventure Canada may require certain information in order to verify your identity before making any changes to your registration information.
10. Privacy
All information you provide to Adventure Canada is subject to our Privacy Policy, which governs the collection, use and disclosure of your personal information, and constitutes, with this agreement, a binding agreement between you and Adventure Canada as regards your use of the Web Site.
11. Ownership and Permitted Use of the Web Site
The Web Site is made available to you for your lawful use only. In particular, except as expressly stated otherwise in this agreement, as a condition of your use of the Web Site, you agree:
- not to use the Web Site for any purpose that is unlawful under applicable law, or prohibited by this agreement;
- not to copy, imitate, reproduce, republish, upload, post, transmit, modify, index, catalogue, reverse engineer, decompile, license, sub-license, display, revise, perform, transfer, or distribute in any way, in whole or in part, the Web Site or any of its content (including the software used in the operation of the Web Site), without the express prior written consent of Adventure Canada.
- not to use any of the software that is used in the operation of the Web Site except in the course of using the Web Site;
- not to use the Web Site to distribute viruses or malware or other similar harmful software code;
- not to defame or disparage anybody or make comments of an obscene, derogatory or offensive manner or otherwise use the Site or its Content in a way that brings us or any third party into disrepute or causes us to be liable to any third party; and
- not to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing.
You may access and browse the Web Site using commercially available, SSL-capable Web browser software. You may print or download the pages of the Web Site for your personal use provided that you do not modify any of the Web Site pages or other content and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. You may modify the business forms, such as contracts, notices and the like that you download from the Web Site, without being in breach of this provision.
12. Intellectual Property
The Web Site and all information (in text, graphical, video and audio forms), images, icons, software, design, applications and other elements available on or through the Web Site are the property of Adventure Canada, its Providers and others, and are protected by Canadian and international copyright, trade-mark, and other laws. Your use of the Web Site does not transfer to you or any other person any ownership or other rights in the Web Site or its content. You may only use the Web Site in the manner described specifically in this agreement.
Adventure Canada and the Adventure Canada logo are registered and unregistered trade-marks and trade names owned by Adventure Canada. Other product and company names and logos appearing on the Web Site may be registered or unregistered trade-names, trade-marks and service‑marks of their respective owners.
Any use of the trade-names, trade-marks, service-marks and logos (collectively “Marks”) displayed on the Web Site, except as expressly provided in this agreement, is strictly prohibited. Nothing appearing on the Web Site or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any Marks displayed on the Web Site.
13. Other Sites
The Web Site may include links to other web sites, advertisements or resources and businesses operated by persons other than Adventure Canada (“Other Sites”). Other Sites are independent from Adventure Canada, and Adventure Canada has no responsibility for, liability with respect to, or control over Other Sites, their businesses, goods, services, or content. Links to Other Sites are provided solely for your convenience. Adventure Canada does not sponsor or endorse any Other Sites or their content or the services or products available through those other Web Sites. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk, and you shall not make any claim against Adventure Canada arising out of your use of any Other Sites or your dealings with the owners or operators of any Other Sites. As between you and Adventure Canada, the provisions of this agreement under the sections headed Disclaimer, Liability Exclusion, Liability Limitation, Release and Indemnity apply, with all necessary modifications, to your access to and use of any Other Sites and their business, goods, services, and content.
14. Linking and Framing the Web Site
Links to the Web Site without the express written permission of Adventure Canada are strictly prohibited. To request permission to link to the Web Site, please contact Adventure Canada. Adventure Canada reserves the right to cancel and revoke any permission it may give to link to the Web Site at any time, for any reason, without any notice, and without any liability to you or any other person. The framing of the Web Site or any of its content in any form and by any method is strictly prohibited.
15. Postings and Unsolicited Submissions
You may not modify the Web Site or post comments, communications, or any other data of any kind to or on the Web Site with the intention that such postings may be viewed by other users of the Web Site.
Adventure Canada does not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved goods, services or technologies, product enhancements, processes, materials, marketing plans, or new product or service names. The purpose of this policy is to avoid potential misunderstandings or disputes. Accordingly, please do not send any unsolicited ideas, suggestions or other materials (collectively, “Submissions”) to Adventure Canada or the Web Site. However, if you do send Submissions to Adventure Canada or the Web Site, you automatically grant (or warrant that the owner of the Submissions grants) to Adventure Canada and its assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of Adventure Canada or its assigns, and you agree, represent and warrant that all moral rights in the Submissions are waived in favour of Adventure Canada and its assigns.
16. Governing Law and Dispute Resolution
This agreement, your use of the Web Site, and all related matters are governed solely by the laws of Province of Ontario, Canada and applicable federal laws of Canada, excluding any rules of private international law or conflict of laws which would lead to the application of any other laws. Any dispute between Adventure Canada and you or any other person arising from, connected with or relating to the Web Site, this agreement or any related matters must be resolved before the Courts of Ontario sitting in the City of Mississauga, Ontario, Canada, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those Courts in respect of any such dispute or matter. However, in respect of residents of Quebec, this agreement, your use of the Web Site, and all related matters shall be governed by the laws of the Province of Quebec and the federal laws of Canada and any claim or action brought pursuant to this Agreement will be subject to the exclusive jurisdiction of the courts of Quebec.
17. Other Matters
You may pay for services that we offer on the Web Site by using the following payment methods:
If any provision of this agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of this agreement and shall not affect the validity and enforceability of any remaining provisions.
The provisions of this agreement will inure to the benefit of and be binding upon each of Adventure Canada and its Providers and each of their respective successors and assigns and related persons and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives. You may not assign this agreement or your rights and obligations under this agreement without the express prior written consent of Adventure Canada, which may be withheld in Adventure Canada’s sole discretion. Adventure Canada may assign this agreement and its rights and obligations under this agreement without your consent.
No waiver, express or implied, by either party of any breach of or default under this agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
You and Adventure Canada are independent contractors and no agency, partnership, joint venture, employment or franchise relationship is intended or created by this agreement or your use of the Web Site.
The parties have expressly requested and required that this agreement and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressément que ce contrat et tous les documents qui s’y rapportent soient rédigés en anglais.
Any rights not expressly granted by this agreement are reserved to Adventure Canada.
If you have any questions or concerns about these terms of use, please contact us. We will respond to your questions or concerns promptly after we receive them.