Last Updated: November, 2022.
The www.banfflakelouise.com website (collectively the “Website”) is owned and operated by Banff & Lake Louise Tourism Bureau (the “Company”), a not-for-profit, non-commercial organization.
1.YOUR ACCEPTANCE OF THESE TERMS
Company may not make the Services available in all markets and jurisdictions, and may restrict or prohibit use of the Services from certain jurisdictions. If you are registering to use the Services on behalf of a legal entity, you represent and warrant that: (i) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization; and (ii) you are duly authorized by such legal entity to act on its behalf.
4.PERMITTED USE OF THE WEBSITE
5.REGISTRATION, ACCOUNTS AND SECURITY
You are responsible for all activities that occur under your Account and accept all risks of any authorized or unauthorized access to your Account, to the maximum extent permitted by law.
You will not use any Account other than your own, or access the Account of any other User at any time, or assist others in obtaining unauthorized access. You may not open more than one Account at a time. You may not authorize others to trade using your Account nor will you trade on behalf of others using your Account.
If there is any suspicious activity related to your Account, we may, but are not obligated to, request additional information from you. You must comply with these security requests, oraccept termination of your Account.
6.TERMINATION AND SUSPENSION
You may close your Account at any time Upon notice to you, Company may close or temporarily suspend your Account, prohibit access to the Website or any part thereof, if Company believes you are in breach of these Terms or any other requirements of Company for the use of the Services, for technical reasons, infringing the intellectual property, using the Services for any illegal purposes, contractual or privacy rights of any third party, pursuant to any judicial or law enforcement order or request, any other illegal or tortious acts, or for any reason in Company’s discretion.
The Website is for general informational purposes only, and is not, and should not be construed or interpreted as, professional advice or recommendations (including travel advice). It is your responsibility to obtain appropriate advice suitable to your particular circumstances from a qualified professional before acting or omitting to act based on any information obtained on or through the Website.
Email messages sent over the Internet are not secure and Company is not responsible for any damages incurred by the result of sending email messages over the Internet.
You consent to receiving all notices, communications, agreements, documents, receipts, notices and disclosures (collectively, “Notices”) that Company provides in connection with your Account or use of the Services in electronic form. Notices may be provided by email to the address provided by you, by posting on the Website, or other methods from time to time. You are responsible for maintaining any Notices you receive.
10.EXCLUSION OF LIABILITY
THIS CLAUSE IS NOT APPLICABLE TO CONSUMERS RESIDING IN QUEBEC : TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL COMPANY GROUP BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS, DAMAGE OR LIABILITY (INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL AND PUNITIVE DAMAGES) ARISING FROM, CONNECTED WITH OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, SERVICES OR ANY RELATED MATTER, UNDER ANY THEORY (INCLUDING CONTRACT, TORT, STRICT LIABILITY, STATUTORY LIABILITY OR ANY OTHER THEORY OF LAW), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING FUNDAMENTAL BREACH OR GROSS NEGLIGENCE) BY OR ON BEHALF OF COMPANY GROUP, EVEN IF OTHER REMEDIES ARE NOT AVAILABLE OR DO NOT ADEQUATELY COMPENSATE YOU OR ANY OTHER PERSON FOR THE LOSS, DAMAGE AND LIABILITY, AND EVEN IF COMPANY GROUP KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF THE LOSS, DAMAGE OR LIABILITY BEING INCURRED.
You agree to indemnify, defend and hold the Company Group harmless against any and all claims, costs, losses, damages, liabilities, judgments and expenses (including reasonable legal fees) arising from or in any way related to your use of the Website, Services, your breach of these Terms, your Transactions, or your violation of any rights of any other person or entity.
13.DATA COLLECTED FROM SITE VISITORS
Marketing cookies are used to track visitors across websites. The intention is to display ads that are relevant and engaging for the individual user and thereby more valuable for publishers and third party advertisers. We will seek your consent prior to using marketing cookies. You will be asked to provide this consent when you visit our Website and if you decline your consent you will still be able to access the Website.
14.FEEDBACK AND USER CONTENT
If you give any feedback (including any ideas or suggestions for enhancements or improvements) about the Website or Services, or any of Company’s products or services to Company, then Company and its suppliers and licensors and their respective successors, assigns and licensees may use and commercialize the feedback in any and all ways and for any and all purposes without providing any compensation or attribution to you or any other person. Company or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, samples, demos, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Company’s products or marketing strategies might seem similar to ideas submitted to Company.
By submitting your User Content or using it with the Website , you automatically grant, and you represent and warrant that you have the right to grant, to Company an irrevocable, nonexclusive, royalty-free and fully paid worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Website, Company social media platforms or marketing or promotional initiatives. You agree to irrevocably waive (and cause to be waived) any claims and assertions of publicity or moral rights, or attribution with respect to your User Content.
Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Website users are solely between you and such user. You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Website user, we are under no obligation to become involved.
15.ADDITIONAL PROHIBITED USES
16.OWNERSHIP OF WEBSITE
Copyright © 2022 Banff & Lake Louise Tourism Bureau, all rights reserved. The Website and the technologies and data used to operate the Website and all related proprietary rights (including copyright) are owned solely by Company and its licensors and are protected by Canadian and international intellectual property laws. You will not acquire any right, title or interest in, to or associated with the Website or any related technologies and data.
BANFF & LAKE LOUISE TOURISM BUREAU™, BANFF & LAKE LOUISE BEAR PAW DESIGN™ and BANFF & LAKE LOUISE MAPLE DESIGN™ and other related trademarks and symbols are registered or unregistered trademarks, service marks and trade names owned or used under license by Company. Other product and company names and logos appearing on the Website may be registered or unregistered trademarks, service marks or trade names of their respective owners. Any use of the trademarks, service marks or trade names displayed on the Website is strictly prohibited, and nothing appearing on the Website will be construed as granting any license or right to use any of those trademarks, service marks or trade names.
GENERAL DISCLAIMER: THIS CLAUSE IS NOT APPLICABLE TO CONSUMERS RESIDING IN QUEBEC :TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE IS MADE AVAILABLE AND PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS AND WITHOUT ANY REPRESENTATION, WARRANTY, CONDITION OR GUARANTEE OF ANY NATURE OR KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY, OR ARISING FROM CUSTOM OR TRADE USAGE OR BY ANY COURSE OF DEALING OR COURSE OF PERFORMANCE, INCLUDING ANY REPRESENTATION, WARRANTY, CONDITION OR GUARANTEE OF OR RELATING TO ACCURACY; COMPLETENESS; TIMELINESS; LACK OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; FITNESS FOR A PARTICULAR PURPOSE; MERCHANTABILITY; NON-INFRINGEMENT OR RESULTS; ALL OF WHICH ARE HEREBY WAIVED BY YOU AND DISCLAIMED BY COMPANY GROUP TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW; AND NO REPRESENTATION, WARRANTY, CONDITION OR GUARANTEE WILL BE CREATED BY ANY ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, PROVIDED BY OR ON BEHALF OF COMPANY GROUP. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE REMEDY IS TO STOP USING THE WEBSITE.
The Website may contain technologies that restrict or limit the use of the Website. Company in its discretion may change, suspend or terminate the Website, or limit, suspend or terminate your use of the Website, effective immediately at any time and without any notice or liability to you or any other person. The Website may be interrupted or unavailable from time to time, including for maintenance or due to causes beyond the control of Company, all without any notice or liability to you or any other person.
FOR CONSUMERS RESIDING IN CANADA: The applicable law will be the law of the province of your residence, as determined based on your shipping address on file with the Company.
21.CASL AND GDPR COMPLIANCE
We make every effort to comply with the Canadian Anti-Spam Legislation. You may unsubscribe from receiving commercial electronic messages from us at any time by clicking the unsubscribe link at the bottom of any of our emails. If you are a resident of the European Union and have questions about our compliance with the General Data Protection Regulation, or wish to access your personal information please contact our Privacy Officer - firstname.lastname@example.org.
You will commence legal proceedings regarding a Dispute within twelve (12) months after the Dispute arises, after which time any and all legal proceedings by you regarding the Dispute will be forever barred. Any shorter time limit provided by law remains unaffected.
Language: The parties have expressly requested and hereby agree that this Agreement and all related documents be drafted in English only. Les parties ont demandé expressément et consentent à ce que la présente entente et tout document yafférent soient rédigés en anglais seulement.