Last updated on October 11, 2011
This web site (this "Site") is provided by Globetrotter Travel & Cruise Centre (the "Agency"), conditional on your acceptance of the terms and conditions of use set forth below (the "Terms and Conditions"). By accessing, using, and/or downloading messages, information, data, text, software or images, or other materials from this Site (the "Materials"), and by sending messages, information, data, text, software or images, or other materials to the Site ("Content"), you agree on your own behalf and on behalf of any entity on whose behalf you may act to accept and abide by these Terms and Conditions for each use and each visit of this Site. If you do not agree to abide by these Terms and Conditions, you should not use this Site or download or use Materials from it. These Terms and Conditions apply exclusively to your access to and use of this Site and do not alter the terms or conditions of any other agreement you may have with the Agency. In case of inconsistency between these Terms and Conditions and any other agreement you may have with the Agency, the other agreement shall prevail, but only to the extent of the inconsistency.
- Changes to this Site
The Agency may terminate, change, suspend or discontinue any aspect of this Site, including (i) changing the availability of any features, at any time without notice or liability; (ii) changing any fees or charges for use of the Site, including instituting new or increased fees or charges for the use of the Site or any other Site-related services (the "Services") or any features thereof; (iii) removing, adding, modifying or otherwise changing any Materials on or from this Site; or (iv) imposing limits on certain features and Services or restricting your access to parts or all of this Site without notice or liability for any reason whatsoever. The Agency reserves the right but not the duty, in its sole discretion, to correct any errors or omissions in any portion of this Site at any time without notice.
- Changes to Terms and Conditions
The Agency has the right, in its sole discretion, to add to, remove, modify or otherwise change any part of these Terms and Conditions, including the Privacy Policy, in whole or in part, at any time. Changes will be effective when notice of such change is posted at this Site. Please check these Terms and Conditions frequently for updates by checking the date of "Last Update" at the top of this document. If any change is not acceptable to you, you must discontinue your use of this Site immediately. Your continued use of this Site or downloading or use of Materials from it after any such changes are posted will constitute acceptance of those changes.
- Links to Other Web Sites
The Site may include links to other Internet sites solely as a convenience to you and other users. The Agency does not endorse, and is not responsible for, any such sites or the information, materials, products, services or opinions contained on or accessible through these sites. You may find such information, materials and services to be harmful, inaccurate, deceptive or inappropriate but you will not hold the Agency liable for such information. You are encouraged and advised to review the posted terms and conditions of all websites you visit.
- Content Posted by Other Organizations
From time to time, certain content may be posted on Site by the Agency or certain of their subsidiaries, affiliates, suppliers, licensors, and licensees. None of those parties are in any way liable for this Site or any content thereon and do not endorse, and are not responsible for, any information, materials, products, services or opinions contained on this Site.
- Proprietary Rights
Limited License and Copyright. This Site, including all Materials, is protected by Canadian and worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, the Agency does not grant any express or implied right or license to you under any intellectual property right, including under any patent, trademark, copyright, trade secret, or confidential information, of the Agency. Trademarks. The Services names, company names and logos used on this Site may be trademarks, including registered trademarks of the Agency. Such Services names, company names and logos of the Agency may not be copied, imitated or used, in whole or in part, without the prior written consent of the Agency. Other services and company names mentioned on this Site may be the trademarks of their respective owners.
Reservation of Rights. Agency' Services, methods and processes may be covered by one or more patents or other statutory intellectual property rights, and are subject to trade secret and other proprietary rights. The Agency reserves all such rights.
Software. Any software, including calculator software, as well any files, images generated by such software, code and data accompanying such software (the "Software"), used or accessible through this Site is the copyrighted work of the Agency or its licensors. Unless provided for elsewhere, you are licensed to use the Software on a non-exclusive basis for the purposes expressly stated on this Site. Except as permitted by law, you may not use the Software for any other purpose or attempt to decipher, decompile, disassemble or reverse engineer any of the Software comprising or in any way making up a part of the Site.
- Registration and Password
Where the Site provides you with the capability to do log in, you are responsible for maintaining the confidentiality of your registration information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify the Agency of any unauthorized use of your registration or password.
- Your Conduct
The content on this web site is for your personal use only. You may not reverse engineer, modify, disassemble, lease, rent, transmit, re-transmit, sell, sublicense, reproduce information on this site or otherwise create derivative works based on information found on this site, whether for commercial or non-commercial exploitation by yourself or the organization or entity to which you are attached or permit third parties to so do. Only limited reproduction for your own personal use is permitted. Unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the Content is not permitted.
- Agreement to Privacy Policy
You agree to abide by the Agency's Privacy Policy, as described in our Privacy Policy.
- Disclaimers
You acknowledge that any use of or reliance on this Site or any Materials shall be at your sole risk. The Agency makes no representation or warranty of any kind regarding the Site and/or the Materials, including with respect to the information provided by third party legal and other consultants, all of which are provided on an "AS IS" basis. TRAVEL DESTINATIONS. Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. The Agency urges passengers to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at: www.ppt.gc.ca, www.zvs.com, www.state.gov, www.travelvacs.com www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov.
ENSEMBLE TRAVEL CANADA. This Website are designed and administered in part by Ensemble Travel Canada (the “Consortium”).
BY OFFERING TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS, NEITHER THE AGENCY NOR THE CONSORTIUM REPRESENTS OR WARRANTS THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND NEITHER THE AGENCY NOR THE CONSORTIUM IS LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
THE AGENCY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER THE AGENCY NOR THE CONSORTIUM MAKES ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE WEBSITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE WEBSITE AND THE CONTENT AVAILABLE ON THE WEBSITE IS AT YOUR SOLE RISK.
NEITHER THE AGENCY NOR THE CONSORTIUM MAKES ANY REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITE IS FREE OF VIRUSES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGENCY AND THE CONSORTIUM DISCLAIM ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE, EVEN IF THE AGENCY AND/OR THE CONSORTIUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Indemnification
You agree to indemnify, defend, and hold harmless the Agency its affiliates, suppliers and licensors from and against any and all claims, actions, causes of action, suits, proceedings, demands, assessments, judgments, costs (including reasonably legal costs and other expenses incidental to the foregoing), damages or liability related to: (a) your violation of these Terms of Use; and (b) arising from or out of the use of this Site by you however the same may arise.
- Choice of law
This Site is controlled, operated and administered by the Agency from its offices within Canada. The Agency makes no representation or warranty that materials at this Site are appropriate or available for use at any locations outside Canada. If you access this Site from outside Canada, you are responsible for compliance with all local law. You may not export any of the Materials accessible through this Site in violation of applicable export laws and regulations. These Terms and Conditions shall be interpreted, construed and governed by the laws in force in the Province of ALBERTA, without reference to its conflict of laws principles, except where prohibited by mandatory provisions of the laws applicable in your jurisdiction. Except in respect of any matter relating to the enforcement of intellectual property rights and protection of confidential information, the parties agree that any dispute arising out of or related to these Terms and Conditions shall be commenced and settled by arbitration in EDMONTON pursuant to Section 12 below. Each party hereby agrees to submit to the jurisdiction of the courts of ALBERTA and to waive any objections based upon venue in any such action, suit or proceeding. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms and Conditions.
- Arbitration
Any and all disputes arising out of these Terms and Conditions, its performance, breach, enforcement, existence or validity, including any failure of the parties to reach agreement with respect to matters provided for in these Terms and Conditions and all matters of dispute relating to the rights and obligations of the parties, which cannot be amicably resolved, even if only one of the parties declares that there is a difference, will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in the location specified in Section 11 above in English, and governed by arbitration legislation in force from time to time in the Province of ALBERTA. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Canada and is independent of either party.
Notwithstanding the foregoing, each party may pursue the protection intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
- Notices
Except as explicitly stated otherwise, any notices to the Agency be given by e-mail to bill@globetrottertravel.ca or by postage mail, prepaid and return receipt requested, to Globetrotter Travel & Cruise Centre 11231 Jasper Ave. Edmonton, AB T5K 0L5, Canada or to you at the e-mail address or postal address you provide to the Agency. All notices by e-mail will be deemed given 7 days after transmittal, in a case of notices sent by e-mail and 14 days after the date of mailing, in case of notices sent by mail.
- General
(i) Except as expressly provided in additional terms of use for areas of the Site, a particular legal notice, or an additional Agreement, these Terms and Conditions constitute the entire agreement between the Agency and you with respect to the subject matter hereof; (ii) Any cause of action you may have with respect to your use of this Site or which is the subject of these Terms and Conditions must be commenced within two (2) years after the claim or cause of action arises; (iii) If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect; (iv) The relationship of the parties is solely that of independent contractors and neither party shall have any authority to act for or bind the other party; (v) The waiver of any breach or default hereunder shall not constitute the waiver of any other or subsequent breach or default; (vi) No changes to these Terms and Conditions shall be made except by a revised posting on this page.
- Entire Agreement
These Terms of Use constitute the entire agreement between you and the Agency and govern your use of the Site, superseding any prior agreement between you and the Agency regarding the Site including, but not limited to, any prior version of these Terms of Use.
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