Terms and Conditions
Please read these Terms and
Conditions carefully before using this Site.
This web site (this "Site")
is provided by Ixtapa Travel ("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
Agency. In case of inconsistency between these Terms and Conditions and any
other agreement you may have with Agency, the other agreement shall prevail,
but only to the extent of the inconsistency.
1. Changes to Terms and Conditions
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.
2. Changes to this Site
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. 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.
3. Permitted and Prohibited Uses
The Site may be used only for lawful
purposes by individuals seeking travel and related information. You agree to
use the Site only to send Content and receive Materials that are proper and
related to purpose of the Site.
Subject to these Terms and
Conditions, Agency grants you a non-exclusive, non-transferable, limited right
to access, use and view this Site and the Materials thereon, solely for your
own personal use. You may not modify the Materials in any way or reproduce or
publicly display, perform, or distribute or otherwise use them for any public
or commercial purpose, including without limitation use of the Materials on any
other web site; (iii) transfer the Materials to any other person without the
written consent of Agency; (iv) print or copy any of the HTML or other computer
programs that are accessible at this Site; (v) use this Site in any manner that
could damage, disable, overburden or impair this Site; (vi) interfere with the
security of, or otherwise abuse, this Site or any services, system resources,
accounts, servers or networks connected to or accessible through this Site or
affiliated or linked sites; (vii) disrupt or interfere with any other person's
use or enjoyment of this Site or affiliated or linked sites; (viii) use any
robot, spider or other automatic program or device, or manual process to
monitor, copy, summarize, or otherwise extract information from this Site or
the Materials in whole or in part; (ix) use or attempt to use another's
account, password, service, system or other information without prior written
authorization from Agency; (xi) create or use a false identity on this Site;
(xii) attempt to obtain unauthorized access to this Site or portions of this
Site that are restricted from general access; (x) transmit on, to or from this
Site spam, chain letters, junk mail or any other type of unsolicited mass
e-mail; (xi) register an e-mail address that you do not own or for which you do
not have the express permission of the owner to register.
Agency reserves the right at all
times to disclose any Content provided by you as necessary to satisfy any law,
regulation or governmental request, or to edit, refuse to post or remove any
Content, in whole or in part, that in Agency' sole discretion is objectionable
or in violation of these Terms and Conditions.
4. 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, 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 Agency.
Trademarks. The Services names,
company names and logos used on this Site may be trademarks, including
registered trademarks of Agency. Such Services names, company names and logos
of Agency may not be copied, imitated or used, in whole or in part, without the
prior written consent of 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. 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 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.
5. Links and Third Party Content
Certain links on this Site may take
you to other web sites. Agency provides these links only as a convenience.
These linked sites are not necessarily under the control of Agency. If you use
these sites, you will leave this Site. If you decide to visit any linked site,
you do so at your own risk and it is your responsibility to take all protective
measures to guard against viruses and other destructive elements.
Agency is not responsible for the
contents of any such linked page or any other page not under its control.
Agency makes no representation or warranty regarding, and does not endorse, any
linked web sites, the information appearing thereon or any of the products or
services described. Links do not imply that Agency sponsors, endorses, is
affiliated or associated with, or is legally authorized to use any trademark,
trade name, logo or copyright symbol displayed in or accessible through the
links, or that any linked site is authorized to use any trademark, trade name,
logo or copyright symbol of Agency.
6. Linking Agreement
Agency welcomes links to its Internet
web home page. If you want to link to this Site, you may do so, provided you
agree to the link conditions (the "Link Conditions") described below.
By establishing a link to this Site, you will be deemed to have agreed to these
Link Conditions:
(a) If you link to this Site, Agency
grants you a limited, non-exclusive, non-transferable, royalty-free license to
use the Agency trademark and Internet icons, if available, (the "Licensed
Marks") solely for the purpose of serving as a link from your web site to
this Site. Except for the limited license to use the Licensed Marks granted in
this paragraph, you may not use any of Agency' trademarks or service marks (the
"Marks") for any reason without Agency' prior written permission.
(b) You acknowledge that all rights
to the Marks, the content appearing on the Agency Website pages (the "Web
Pages") and the "look and feel" of the Web Pages belong to
Agency or third parties. You will not at any time directly or indirectly
contest or infringe these rights.
(c) If you link to this Site, your
web site:
· may not create frames around any
part of this Site or use other techniques that alter the visual presentation of
this Site;
· may not imply that Agency is
endorsing you or your products or services.
· may not imply an affiliation
between your company and Agency without the prior written consent of Agency;
· may not misrepresent your
relationship with Agency or present false or misleading impressions about
Agency' Services; and
· may not contain materials that may
be interpreted as distasteful or offensive and should be appropriate for all
age groups;
(d) Agency shall have no
responsibility or liability for any content appearing on your web site;
(e) Agency may at any time, in its
sole discretion, immediately terminate your license to use the Licensed Marks
and your right to link to this Site, with or without cause. If Agency exercises
this right, you will immediately remove all links to this Site and cease using
the Licensed Marks;
Agency may amend these Link
Conditions at any time. You agree to abide by these Link Conditions and other
legal terms and conditions on this Site, as amended from time to time.
7. Agreement to Privacy Policy
You agree to abide by Agency's
Privacy Policy, which is incorporated by reference into these Terms and
Conditions.
8. Disclaimers
You acknowledge that any use of or
reliance on this Site or any Materials shall be at your sole risk. 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. AGENCY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND
CONDITIONS, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES AND CONDITIONS
OF MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT AND FITNESS FOR A
PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A
COURSE OF DEALING OR USAGE OF TRADE. AGENCY DOES NOT WARRANT THAT THIS SITE
WILL CONTINUE TO OPERATE, OPERATE WITHOUT INTERRUPTIONS OR THAT IT WILL BE
ERROR-FREE.
Not limiting the generality of the
foregoing, the information provided on this Site is for general informational
purposes only. Information provided on the Site with a byline, identification
of publication source, or any other sort of third-party identifier, is provided
by third parties on an "As Is" basis, and Agency does not review it.
Agency and its third party consultants do not warrant or guarantee the truth,
accuracy or completeness of this information. No lawyer-client, advisory,
fiduciary or other relationship is created by accessing or otherwise using this
Site.
Because user authentication on the
Internet is difficult, Agency cannot and does not confirm that each user is who
they claim to be. Because we do not and cannot be involved in user-to-user
dealings or control the behaviour of participants on this Site, in the event
that you have a dispute with one or more users, you release Agency (and our
agents and employees) from all claims, demands and damages of every kind and
nature, known and unknown, suspected and unsuspected, disclosed and
undisclosed, arising out of or in any way connected with such disputes.
Agency is under no legal obligation
to, and generally does not, control the Content provided by other users which
is made available through the Site. By its very nature, other people's
information may be offensive, harmful or inaccurate, and in some cases will be
mislabelled or deceptively labelled. Agency does not guarantee, and makes no
representations or warranties as to the truthfulness, accuracy, reliability,
currency, veracity or completeness of the Materials or about the results to be
obtained using the Materials. The use of the Site and the Material is at your
own risk. Changes are periodically made to the Site and may be made at any
time.
This Site contains materials, data,
information provided, posted or offered by third parties, including third party
provided content, advertisements and user content. You agree that Agency shall
have no liability whatsoever for any such third party material, data or
information. Without limiting the generality of the foregoing, you acknowledge
that:
Travel destinations. Although most
travel, including travel to international destinations, is completed without
incident, travel to certain destinations may involve greater risk than others.
Agency urges passengers to review travel prohibitions, warnings, announcements
and advisories issued by the Foreign Affairs Canada & Consular Affairs
Canada 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.fac-aec.gc.ca,
www.voyage.gc.ca, www.tc.gc.ca, www.catsa-acsta.gc.ca, www.cta-otc.gc.ca, www .
hc-sc.gc.ca, and www.cbsa-asfc.gc.ca.
Visa requirements. It is your
responsibility to obtain the required entry documents for each destination
you're visiting before departing for your vacation. When travelling outside of
Canada it is highly recommended that you possess a Canadian Passport due to
heightened worldwide security.
Agency shall not be responsible for
any travel decisions, for whatever reason made, made by you after consulting
the Site.
9. Limitation of Liability
YOU AGREE THAT AGENCY AND ANY THIRD
PARTY MENTIONED ON THIS SITE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR
DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, SPECIAL OR
CONSEQUENTIAL DAMAGES OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES
FOR HARM TO BUSINESS, LOSS OF INFORMATION OR PROGRAMS OR DATA, LOSS OF PROFIT,
LOSS OF SAVINGS, LOSS OF REVENUE), ARISING FROM OR IN CONNECTION WITH THE USE
OF OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THIS SITE, THE MATERIALS,
ANY CONTENT PROVIDED OR ANY LINKED WEBSITE OF A THIRD PARTY, EVEN IF AGENCY, OR
SUCH A THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
In any event, you agree that Agency's aggregate liability for damages shall be
limited to $100.
The limitations of liability and
disclaimers in these Terms and Conditions apply regardless of the form of
action, whether in contract, warranty, civil liability, delict, quasi-delict,
strict liability, negligence, or other tort and shall survive a fundamental
breach or breaches, or the failure of the essential purpose of contract or the
failure of an exclusive remedy.
10. Indemnity
You agree to defend, indemnify and
hold harmless each of Agency, its affiliates, and each of their officers,
directors, employees and agents, including all third parties mentioned at the
Site, from and against any and all claims, actions or demands, including
without limitation reasonable legal and accounting fees, alleging or resulting
from your use of the Site and the Materials or your breach of these Terms and
Conditions.
11. Choice of law
This Site is controlled, operated and
administered by Agency from its offices within Canada . 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 SK, 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 Saskatoon pursuant
to Section 13 below. Each party hereby agrees to submit to the jurisdiction of
the courts of SK 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.
12. 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 12 above in English, and governed by arbitration legislation in
force from time to time in the Province of SK. 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.
13. 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 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.
14. Additional Terms of Use.
Certain areas of this Site may be
subject to additional terms of use. By using such areas, or any part thereof,
you agree to be bound by the additional terms of use applicable to such areas.