This Terms of Service Agreement (this "Agreement") governs your access to and use of the websites, services and applications (collectively, the "Site") which are owned, operated or provided by 10089871 Manitoba Ltd. o/a The Canadian Jetsetter ("The Canadian Jetsetter"). In consideration for your right to access and use the Site, you agree to the terms and conditions set out below. As used in this Agreement, “you” means (and “your” refers to) the user of the Site, “we” means (and “us”, “our”, and “ours” refer to) The Canadian Jetsetter, and “Services” means any and all services and products, including without limited our newsletters, that are made available on or through the Site. The effective date of this Agreement is when you accept it, in accordance with the terms and conditions that are set out below. IMPORTANT! YOUR RIGHT TO ACCESS THE SITE IS SUBJECT TO LEGALLY BINDING TERMS AND CONDITIONS. CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE PROCEEDING. BY ACCESSING AND USING THE SITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND THE CANADIAN JETSETTER PRIVACY POLICY (the "Privacy Policy") INCORPORATED HEREIN BY REFERENCE (AND ACCESSIBLE ON OUR SITE). IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS OR OUR PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE SITE.
When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
We may revise this Agreement and our Privacy Policy, at any time, by updating this posting. We may provide notice to you of material revisions by means of a general notice on the Site. Your continued use of the Site after such revisions are posted, will signify your agreement to these revised terms. Please ensure to visit this page periodically to review this Agreement.
Except for Your Content (discussed below), all materials displayed or otherwise accessible on the Site, including, without limitation, text, videos, photographs, images, illustrations, graphics, icons, code (collectively, "Our Content") and the selection and arrangement of Our Content on the Site are protected by copyright, pursuant to Canadian copyright laws, international conventions and other copyright laws. We either own the intellectual property rights, including copyright, or have acquired the necessary rights or licences, in and to Our Content. Portions of Our Content may have been licensed to us or published on the Site by third parties. Any reproduction, modification, publication, transmission, transfer, sale, distribution, display or exploitation of the Site or Our Content, whether in whole or in part, without our express written permission, is strictly prohibited. The display of Our Content does not imply that you have been granted a license by us or other entities with respect to it. You retain ownership in and to materials you submit to us, including, without limitation, reviews, comments and other content (collectively, "Your Content"), but you agree to grant us a sub-licensable, fully paid, royalty free, irrevocable licence to use Your Content, as we see fit, in our sole discretion, for the purpose of providing the Services and in connection with any sale of The Canadian Jetsetter in whole or in part, including the assets thereof. We reserve the right to disclose Your Content, at any time, as is required to comply with applicable laws, and the right to remove any of Your Content that is in violation of the terms and conditions of this Agreement. You also agree that you waive your moral rights thereto and any rights you assert in and to Your Content will be subject to standards of commercial reasonableness. You represent and agree that you will not post to the Site or the Services, any trade secrets, confidential information, intellectual property and other proprietary information of any other person, without authorization from such other people, or any obscene or defamatory content. Your Content (and our use thereof in accordance with this Agreement) shall not knowingly infringe the intellectual property rights, including copyright, patents, trade-marks or trade secrets, of any third party. You hereby indemnify and hold harmless, us and our owners, subsidiaries, affiliates, representatives, agents, licensors or their respective heirs, administrators, executors, successors and assigns (as the case may be) (collectively, "Others"), from any and all liability or loss, including costs, fees and expenses, on a solicitor and own client basis, which we suffer in connection with any claim or action by reason of a breach of the foregoing representations and warranties. If you believe in good faith that any material that is made available on the Site infringes your copyright, please contact us at thecanadianjetsetter@gmail.com.
Certain words, phrases, names, designs or logos on the Site may constitute trademarks, services marks, or trade names that are owned by us or others. The display of such marks on the Site does not imply that you have been granted a licence by us or others with respect to them.
Subject to your compliance with the terms and conditions of this Agreement, we hereby grant to you a limited personal, non-exclusive, non-transferable, revocable license to access, view and use our Site, including a limited license to download, print and store single copies of Our Content from the Site, for your personal use, provided that you maintain all copyright and other notices contained in such items and you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover, any source code, in the Site. Our Content must not be reproduced, republished, or disseminated in any manner or form without our prior written consent or the prior written consent of the third parties from which such information was collected, as the case may be.
To the extent made available on or through the Site, visitors may post reviews, comments, and other content and submit suggestions, ideas, comments, questions, or other information, so long as the content does not violate the terms of this Agreement. We reserve the right (but not the obligation) to remove or edit such content, but without any duty or obligation to regularly review posted content.
While you use the Site and the Services, you must comply with all applicable laws, rules and regulations. In addition, use of the Site and the Services is based on the following rules of conduct. YOU WILL NOT: • post, transmit, or otherwise make available any material that is or may be (a) threatening, harassing, degrading, hateful, or intimidating; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent, pornographic, or otherwise objectionable; or (e) an infringement of another person's privacy by disclosing the personal information of another individual without their knowledge and consent; • post, transmit, or otherwise make available, any material that may violate the proprietary rights of any third party, including, without limitation, copyrighted software, photographs, texts, videos or artwork or any moral rights associated therewith; • use the Site in a manner which will violate or solicit the violation of any applicable local, provincial, territorial, state, national or international law, rule or regulation; • use the Site to post transmit, or otherwise make available any material which would: (a) give rise to criminal or civil liability; (b) encourage conduct that constitutes a criminal offence; or (c) encourage or provide instructional information about illegal activities; • impersonate any person or entity, including, but not limited to, any of our representatives; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that we endorse any statement you make without our prior written consent; • post, transmit, or otherwise make available any virus, worm, trojan horse, spyware, or any other computer code, file, or program that may, or is intended to, damage or hijack the operation of any hardware, software, server or telecommunications equipment; • conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to the Site, without our prior written consent; • interfere with or disrupt the Site; • post, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," investment opportunity, or any other form of solicitation; • use the Site for any commercial purposes other than those which are expressly set out in this Agreement; or • use the Site if you are a minor, except in accordance with applicable laws, and with the approval of your parent or guardian. Any person who is found, or reasonably suspected, to have violated the rules of conduct provided above may be barred from using the Site, in our sole discretion, and may be subject to other legal remedies.
You agree that we have no responsibility or liability for the deletion of, or the failure to store or to transmit, any information maintained by us, including, without limitation, Your Content and Our Content. We retain the right to create limits on use and storage, at our sole discretion, at any time, with or without notice. We also reserve the right to access, read, preserve, and disclose any information in a manner we reasonably believe is necessary, including, without limitation, Your Content, to: (a) satisfy any applicable law, regulation, legal process or governmental request; (b) enforce this Agreement, including investigation of potential violations hereof; (c) detect, prevent, or otherwise address fraud, security or technical issues; (d) respond to user support requests; or (e) protect our rights, property or safety, our users or the public. We will not be liable for the exercise or non-exercise of our rights under this Agreement.
We have the right to access the Services, Our Content and Your Content at any time, to maintain their effective operation, to provide upgrades to the software or other system components and to review your use of the Site, Services, Our Content and Your Content. We reserve the right, but do not assume the responsibility or obligation, to monitor, view and audit transactions and communications, in our sole and absolute discretion, in order to manage the Site and the Services and for such other purposes as we shall deem necessary or advisable. If we determine, in our sole and absolute discretion, that you have breached or will breach a term or condition of this Agreement, we may, in our sole and absolute discretion, immediately terminate this Agreement and your access to the Site and the Services, all without notice to you.
We reserve the non-expiring right to use and disclose (for commercial purposes or otherwise) the textual and numerical statistical portion of all data in the Site and the Services at any time to conduct analysis for industry trends, provided that such data shall not be singularly isolated or otherwise able to identify individuals.
We reserve the right, as reasonably necessary or convenient, either for our own purposes or to improve the quality of any of the components comprising the Site or the Services, to change rules of operation for the technologies therein comprised, system interfaces, utilities, operating and other systems and software, and to implement enhancements, amendments or updates thereto. To minimize the effect of service outages, we will undertake reasonable efforts to schedule times during which the Site or the Services will be unavailable to you, due to maintenance.
No Endorsement or Responsibility: The Site may include links to other websites, solely as a convenience to you. We do not endorse any such linked sites or the information, material, products or services contained on other linked sites or accessible through other linked sites. Furthermore, we make no express or implied warranties or conditions with regard to the information, material, products or services that are contained on or accessible through linked sites. Third Party Content: We may make third party content and material ("Third Party Content") available to you through the Site and the Services. Our making available of such Third Party Content does not constitute an endorsement or recommendation, and we are not responsible for any reliance you may place on Third Party Content. We make no warranties, conditions or representations as to any Third Party Content and we shall have no liability for it. Any opinions or statements made by third parties are those of such third parties, and do not necessarily state or reflect our views. Use at Your Own Risk: Your access to and use of linked sites and Third Party Content, including information, materials, products and services on linked sites or available through linked sites, is solely at your own risk and governed by the terms of service of the linked site or third party. If there is any conflict between this Agreement and any of the terms or notices set forth on any other website, then the terms of that other website will control your use of information and content you access through that link. Please review the terms of service for each link so that you understand all of the terms that will apply. Linking to the Site: You must request permission to link to the Site. We reserve the right to cancel and revoke any permission we may give to link to the Site at any time, for any reason, without any notice, and without any liability to you or any other person.
Use at Your Own Risk: Access to the Site and the Services and the materials provided on the Site and the Services are provided "as is" and without warranties or conditions of any kind either express or implied. BY USING THE SITE AND THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCESS AND USE OF THE SITE AND THE SERVICES IS ENTIRELY AT YOUR OWN RISK. While we make every attempt to be as accurate as possible, we make no representation, warranties or conditions regarding the Site or materials on the Site, including, without limitation, that the Site or materials on the Site (including but not limited to Our Content or Third Party Content) will be accurate, complete, correct, timely or suitable (including typographical errors or pricing inaccuracies, which we may correct without any liability to you), that any products and Services contained on or made available through the Site are of merchantable quality or fit for a particular purpose, that the Site and the Services will be available at all times or that the Site and the Services will be free from errors, viruses or other harmful components. We may limit the quantities you purchase and to terminate any purchase of Services at any time, without notice to you (but subject to a refund of any Fees you have paid for Services you have not yet received). We are not responsible for any materials, submissions or other information on the Site or the Services or any linked site that you may find offensive, undesirable or objectionable. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AND TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, WE AND OUR OTHERS SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
We specifically disclaim any responsibility or liability for the accuracy, completeness, correctness, timeliness or usefulness of Third Party Content. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties and conditions, express or implied, including, but not limited to, warranties and conditions regarding the use of Third Party Content, including all implied warranties or conditions of merchantability, fitness for a particular purpose or non-infringement, whether express or implied, or arising from a course of dealing, usage or trade practice.
The Internet is an inherently insecure medium, and sending any online communication provides no guarantee of successful delivery. Care should be taken to ensure that the content of your online communication is not sensitive or confidential, because we take no responsibility for communication which is intercepted, lost, delayed, or misdelivered. Your computer equipment and the general reliability and performance of the Internet is outside our control, and we do not warrant your performance will achieve expected or implied levels. Be aware that information you share on and through the Site and the Services may be available to others. We are not responsible for what others do with such shared materials and other information, once you post them on or through the Site and the Services. We are also not responsible for any unauthorized access to, or use of, the Site and the Services, and/or any and all personal information or financial information stored on or through the Site and the Services; any loss of your data or Your Content through the Site and the Services; or the violation of your rights by any third party.
THIS SECTION LIMITS OUR LIABILITY TO YOU AND PROVIDES FOR A RELEASE AND AN INDEMNITY, FROM YOU, IN FAVOUR OF US. PLEASE READ IT CAREFULLY. LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES SHALL YOU BE ENTITLED TO RECOVER ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES FROM US OR OUR OTHERS WHICH YOU MAY SUFFER ARISING, CAUSED, ARISING OUT OF, OR IN CONNECTION WITH, THE USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICES, ANY ACCURACY, INCOMPLETENESS, OR INCORRECTNESS CONTAINED ON THE MATERIALS DISPLAYED, ACCESSED, USED OR PURCHASED THROUGH THE SITE, OR YOUR RELIANCE OR ACTING UPON THE MATERIALS ON OR PURCHASED THROUGH THE SITE, INCLUDING, ANY LOSS OR DAMAGES IN THE NATURE OF OR RELATING TO LOST BUSINESS, LOST SAVINGS, LOST DATA, UNAUTHORIZED ACCESS TO OR USE OF THE SITE AND THE SERVICES AND DATA CONTAINED ON OR THROUGH THE SITE OR THE SERVICES AND/OR PROFITS, REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT, TORT, IN EQUITY, AT LAW OR OTHERWISE, AND WHETHER OR NOT WE HAVE OR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL THE LIABILITY OF US AND OUR OTHERS TO YOU FOR DAMAGES SUFFERED BY YOU ARISING OUT OF, RELATED TO OR CAUSED BY THE SITE, THE SERVICES OR THE USE THEREOF, EXCEED A MAXIMUM AMOUNT EQUAL TO THE FEES ACTUALLY PAID BY YOU FOR THE SERVICES IN THE THREE-MONTHS' PERIOD WHICH PRECEDES THE OCCURRENCE OF SUCH DAMAGES. YOU ACKNOWLEDGE THAT THIS SECTION REFLECTS THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT WE WOULD NOT PERMIT YOU TO ACCESS AND USE OUR SITE OR SERVICES WITHOUT THESE LIMITATIONS ON LIABILITY. RELEASE: YOU AGREE TO RELEASE, REMISE, AND ACQUIT US, AND OUR OTHERS, FROM ANY CLAIMS, ACTIONS, DEMANDS, COSTS AND EXPENSES OF ANY KIND WHATSOEVER, WHETHER IN CONTRACT, NEGLIGENCE OR TORT, AT LAW OR IN EQUITY, OR BY STATUTE OR OTHERWISE, HOWSOEVER CAUSED, WITH RESPECT TO YOUR USE OF, OR OUR OPERATION OF, THE SITE AND THE SERVICES, EXCEPT AS MAY BE SET OUT IN THE PRECEDING PARAGRAPH. INDEMNITY: You agree to indemnify, save and hold harmless us and our Others, from and against any claims, actions, demands, judgments, awards, declarations, orders, settlements, damages (including general, special, punitive, aggravated or exemplary damages), liabilities, losses, costs, charges, interest and expenses, or proceedings of any kind whatsoever which may be initiated or presented by any other persons, individuals or other legal entities, and which arise directly or indirectly from your use of or reliance on the Site or the Services or information available on or through the Site or the Services. Without limiting the generality of the foregoing, you hereby agree to pay all costs, fees and expenses, on a solicitor and own client basis, which may be incurred by us and our Others, relating to your use of or reliance on the Site or the Services and information available on or through the Site or the Services.
Terms of Payment: Terms of payment are as set out on the Site, from time to time. Your purchase is complete when you receive an email confirmation that your purchase has been accepted. Any purchase of Services through a subscription plan will be subject to an initial charge and periodic recurring charges, until your subscription plan is cancelled in accordance with the procedure that is made available through the Site, from time to time. Information provided in connection with a purchase of the Services must be accurate and current. You agree to pay all charges incurred by users of your credit card, debit card or PayPal account (as the case may be), used in connection with a purchase of the Services at the prices in effect when such charges are incurred. Any payment you owe us, based on your purchase of Services, or otherwise, is referred to in this Agreement as the “Fees”. Currency: All prices quoted are payable in the currency identified on the Site. Chargebacks and Disputes: You agree to indemnify and hold harmless The Canadian Jetsetter and our Others, against any chargeback costs (plus any related fees) which we are required to pay, as a result of a payment dispute with you or in relation to a payment you have made to us through the Site or the Services. Taxes: The cost of all applicable taxes arising from your use of the Services shall be added to the Fees that you are responsible for paying us. Third Party Payment Processor: Payment of the Fees is processed by and through a third party payment processor, which may be made available to you through the Site, or otherwise (such as through a supplier). The processing of your payment is therefore conducted by an entity wholly separate from and independent of The Canadian Jetsetter, and we hereby disclaim absolutely any and all liability, whether, direct, indirect, vicarious or otherwise, for the processing of your payment. You acknowledge and agree that we provide access to such third party payment processors "as is" without any warranties, representations or conditions of any kind. Your use of third party payment processors is entirely at your own discretion and you should ensure you are familiar with, and approve, the terms on which such services are provided by the relevant third party payment processors. Your personal credit card details are subject to the security policies and systems employed by the third party payment processor. As such, you are advised to make yourself familiar with such security policies and systems. Other payment methods may be made available in the future, and you should read this Agreement periodically for the payment methods that may then be available.
Any products purchased from us are delivered to you pursuant to a shipment contract. Following our delivery of the product to the shipment carrier, we will not be responsible for products that are lost, damaged or stolen during shipping. Any unshipped product, resulting from your refusal or inability to take delivery, remaining in our possession 30 days after the date of this Agreement, shall become our property. Additional shipping terms shall be as set out in any specific shipping policies that may be posted on the Site, from time to time (which policies shall prevail and govern over this Agreement, in the event of conflict).
Subject to any specific return and refund policies that may be posted on the Site, from time to time (which policies shall prevail and govern over this Agreement, in the event of conflict), if our Services are not as described or a purchased product is damaged (other than by the shipping process), your sole remedy is to contact us at the email address set out below, with a description of your concern, and we will discuss replacement options with you. Otherwise, all sales are final.
Applicable Laws: We are physically located within the Province of Manitoba, Canada. This Agreement will be governed by the laws of the Province of Manitoba and the laws of Canada applicable therein and shall be treated in all respects as a Manitoba contract, without reference to the principles of conflicts of law. In the event of a dispute arising out of or related to this Agreement or your use of the Site or the Services, you agree to submit to the exclusive jurisdiction of Manitoba’s courts. Exclusion of Laws: We expressly exclude the UN Convention on Contracts for the International Sale of Goods, and The International Sale of Goods Act (Manitoba), as amended, replaced or re-enacted from time to time. Waiver of Rights: You agree to waive any right you may have to: (a) a trial by jury; and (b) commence or participate in any class action against us related to your use of the Site, the exchange of electronic documents between us or this Agreement and, where, applicable, you also agree to opt out of any class proceedings against us or our licensors. Agreement in English: The parties hereto have required that this Agreement and all documents relating thereto be drawn up in English. Nous avons demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.
Please review our other policies, including without limitation THE CANADIAN JETSETTER PRIVACY POLICY, that are posted on the Site. These policies also govern your access to and use of the Site and the Services. We reserve the right to make changes to the Site, our policies, and this Agreement at any time and your continued use of the Site following such changes constitutes your acceptance of those changes. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
We will not be liable for failure or delay in our performance of our obligations under this Agreement due to any cause beyond our reasonable control, including, but not limited to: (a) acts of God; or (b) failure or disruptions in third-party-controlled or operated communications facilities; or (c) worms, viruses and other disabling or disruptive software, communications or files.
Suspension of your Use of the Site: If you breach any provision of this Agreement, you may no longer use the Site. We may at any time and for any reason, with or without cause, and in our sole discretion, immediately suspend or terminate (in whole or in part) your permission to use the Site or the Services, all without any notice or liability to you or any other person. No Refunds or Rights on Termination: We shall not be responsible for refunding any Fees or otherwise paying any funds, amounts or credits that we may owe to you if we have suspended or terminated your permission to use the Site or any part thereof. We reserve the right to cease, suspend or interrupt operation of or access to the Site or any part thereof, and shall not be required to provide any notice in respect of such cessation, suspension or interruption of access, nor shall we have any liability for such cessation, suspension or interruption of access.
Any provision of this Agreement that must survive to fulfill its essential purpose (whether expressly stated as such or not) and any obligation you have to pay Fees incurred before termination will survive the termination of this Agreement. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. We may assign this Agreement without restriction. The posting of email addresses on the Site and the Services does not, unless otherwise expressly indicated or as part of the operation of the Services, constitute consent (express or implied) for you to send unsolicited commercial electronic messages, to such email addresses. This Agreement constitutes the entire agreement between us and you, pertaining to the subject matter hereof, and supersedes all prior formal and informal agreements, proposals, promises, inducements, representations, conditions, warranties, understandings, negotiations and discussions, whether oral or written, between us and you.
Questions regarding this Agreement or any other policy related material can be directed to us by emailing us at thecanadianjetsetter@gmail.com.