Terms of Use
Welcome to the website gocanada.com (the “Site”), which is owned and provided by Stay & Wander Media Inc. (d/b/a Go Canada), a British Columbia corporation (“S&W Media”, “we”, “us” or “our”). BEFORE YOU CAN USE THE SITE, YOU MUST READ, UNDERSTAND AND AGREE TO BE BOUND BY THE FOLLOWING TERMS OF USE, ALL POLICIES AND TERMS INCORPORATED BY REFERENCE, AND ANY SUBSEQUENT CHANGES TO THE FOREGOING.Your access to, and use of this Site is expressly conditioned on your acceptance without modification of the following Terms of Use.By using this Site, you signify your acceptance of these Terms of Use. If you do not agree with any part of the following Terms of Use, you must not use this Site.
We reserve the right to change or modify any of the terms and conditions contained in the Terms of Use or any policy or guideline of the Site, at any time and in its sole discretion. Any changes or modification will be effective upon posting of the revisions and notice of such changes to the Site. Your continued use of this Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review the Term of Use and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site.
These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with us for other products or services. All questions or comments about the Site or its contents should be directed to info[at]gocanada[dot]com via email.
1. INCORPORATED POLICIES OR TERMS
We believe strongly in protecting user privacy and providing you information regarding the processing of personal information collected from the Site. Therefore, we have adopted a Privacy Policy that you should refer to fully understand how we use and collect personal information.
2. NEWSLETTER
After you have accepted these Terms of Use, you may register for the Go Canada newsletter under the Newsletter section of the Site (the “Registration”). As part of the registration, you will need to provide to us your email address and may provide other information, such as your name, country, and any other information requested by S&W Media at its discretion. In consideration of your use of the Site, you agree:
- to provide true, accurate, current and complete information about yourself;
- that you are responsible for all costs and charges incurred in order to use the Site; and
- that you are fully responsible for all activities and/or services that occur under your Registration and accept all liability for any acts or omissions arising out of your use of the Site.
If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your Registration and refuse any and all current and future use of the Site by you. Registration information and any other personal information about you is subject to the terms of our Privacy Policy.
3. INTELLECTUAL PROPERTY
All Content included on this Site is the property of S&W Media and/or our various third party providers and distributors and is protected under the intellectual property laws of Canada and other jurisdictions. None of the Content found on this Site may be reproduced, republished, distributed, displayed, posted, transmitted, sold, transferred, or modified in any form or by any means, without the express written permission of S&W Media and/or its third party providers and distributors.
The term “Content” as used in this Terms of Use includes any text, graphics, images, design, trademarks, registered or unregistered, including logos, audio, video, software, data compilations and any other form of information capable of being stored in a computer, and the selection and arrangement of the foregoing that appears on or forms part of this Site.
“Go Canada”, “Stay & Wander Media”, any logos used by S&W Media,and the products and services described in this Site are either registered or unregistered trademarks of S&W Media or our suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of S&W Media or our suppliers or licensors.
4. USE OF SITE
We grant you a limited license to use this Site and to for entertainment, information, inspiration, research and assistance with travel planning. In some cases, travel booking may be made via affiliate links or re-directs from our site to other sites. Merchandise may be purchased through our store in the future. You shall not use this Site for any other purposes, including without limitation, to make any speculative, false or fraudulent order or any order in anticipation of demand. Such grant does not include, without limitation: (a) any resale or commercial use of the Site or any Content posted on the Site, including without limitation any text, graphics, images, photos, videos, designs, registered and unregistered trademarks including logos, audio files, software, data compilations and any other form of information capable of being stored in a computer or other electronic devices and the selection and arrangement of the foregoing that appears on or forms part of this Site (collectively, “Content”); (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Site or its Content; or (d) use of any data mining, robots, or similar data gathering and extraction methods. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, registered or unregistered trademark, copyright, or proprietary right of S&W Media or any third party.
This Site and the Content may not be reproduced, republished, distributed, displayed, posted, transmitted, sold, transferred, or modified without our written permission, except that you may download, display and print the materials presented on this Site for the licensed purposes only; provided that, you may not, without the permission of S&W Media or the respective copyright owner, (a) copy, publish, or post the materials on any web site, computer network or broadcast or publications media, (b) modify the materials, and (c) remove or alter any copyright, registered or unregistered trademark and other proprietary notices contained in the materials. Unauthorized use of this Site and/or the materials presented on this Site may violate applicable copyright, registered or unregistered trademark or other intellectual property laws or other laws.
You may not, without our express written permission, use, frame or utilize framing techniques to enclose any Content, registered or unregistered trademark, logo or other proprietary information (including the images), or the Content of any text or the layout/design of any page or form contained on a page found at this Site. Further, you may not use any meta tags or any other “hidden text” utilizing one of our names, registered or unregistered trademarks, or product names without our express written consent.
5. AGE AND RESPONSIBILITY
You represent that you are of sufficient legal age to use this Site and to create binding legal obligations for any liability you may incur as a result of your use of this Site. You understand that you are financially responsible for all uses of this Site by you and those using your login information.
6. TERMINATION
You agree that we, in our sole discretion, may terminate your Registration or use of the Site, or restrict your access to any component of this Site, for any reason, including without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the Terms of Use or applicable laws or regulations. We may also, in our sole discretion and at any time, discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of access to the Site under any provision of the Terms of Use may be effected without notice, and acknowledge and agree that we may immediately deactivate or delete your Registration and all related information and files and/or bar any further access to such files or the Site. Further, you agree that we shall not be liable to you or any third party for any termination or restriction of access to the Site.
7. DISCLAIMER OF WARRANTIES AND REPRESENTATIONS
Your use of the Site is at your sole risk. The Site and the materials therein are provided “as is” and “as available” basis. You acknowledge that you have been advised by us to undertake your own due diligence with respect to this Site. We make no representations or warranties, either express or implied, of any kind with respect to the Site, its operation, Content, information or materials.
We expressly disclaim all representations and warranties, express or implied, of any kind with respect to this Site or its use, including but not limited to merchantability, fitness for a particular purpose, accuracy, completeness, currency, reliability or suitability of any of the Content or data found on this Site, title and non-infringement, and those arising by statute or otherwise in law or equity, or from a course of dealing or usage of trade. We provide links to other websites that are not under our control. We do this as a convenience and for reference only.
8. LIMITATION OF LIABILITY
YOU AGREE THAT WE, OUR DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES SHALL NOT BE LIABLE FOR DAMAGES ARISING FROM THE OPERATION, CONTENT, ACCESS TO OR USE OF THE SITE. YOU AGREE THAT THIS LIMITATION OF LIABILITY, IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
IN NO EVENT SHALL OUR AGGREGATE LIABILITY (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE EXCEED THE AMOUNT RECEIVED BY US FROM YOU IN THE SIX MONTHS IMMEDIATELY PRIOR TO THE DATE ON WHICH YOU FIRST ASSERT A CLAIM.
Certain laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.
9. INDEMNIFICATION
You shall indemnify, defend and hold harmless S&W Media and our officers, directors, employees, consultants, representatives and agents from and against any loss, liability, claim, cause of action, demand, damages, costs or expenses including without limitation reasonable legal, accounting and other professional fees, brought by or on your behalf in excess of the liability described herein or by third parties arising from or in connection with your use of this Site, including but not limited any violation by you of the Terms of Use. We reserve the right, to assume the exclusive defense and control of any matter, subject to indemnification by you, which shall not excuse your indemnity obligations.
10. LINKS
This Site may contain links to other web sites which are provided solely as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by us of the linked web site or information contained therein. We shall not be responsible for the content of any other web sites and makes no representation or warranty regarding any other web sites or the contents or materials on such web sites. If you decide to access other web sites, you do so at your own risk.
11. RELATIONSHIP
The relationship between S&W Media and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of this Agreement or use of this Site.
12. GOVERNING LAW
This Agreement and its performance shall be governed by the laws of the Province of British Columbia, Canada without regard to its conflict of law provisions.You consent and submit to the exclusive jurisdiction of the courts located in the City of Vancouver, in the Province of British Columbia, Canada, in all disputes arising out of or relating to the use of this Site and this Terms of Use.
13. ASSIGNMENT
You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
14. SEVERABILITY
These Terms of Use shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
15. HEADINGS
The headings used in the Terms of Use are included for convenience only and will not limit or otherwise affect these Terms of Use.
16. ENTIRE AGREEMENT
The Terms of Use, together with those documents incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and it supersedes any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Site.