Trafalgar Tours of Canada Limited

Website Terms of Use

Last updated: 9th September 2014

Welcome to our website!

Age Restriction

Our website is intended for use by those 18 years old or over. No one under that age should use our website. If you are under the age of 18 years please leave our website immediately.

Contents

Please click on a link below to jump to a specific paragraph:-

1. About These Terms and Conditions

2. Your Agreement

3. Copyright

4. About Us These Website Terms Of Use

5. Contact

6. What Do These Terms Cover ?

7. What Website Do These Terms Cover ?

8. Languages

9. Accessing Our Website

10. Completing Forms And Error Correction

11. Registration

12. Booking Process

13. Website Content

14. Your Conduct And Content

15. Disclaimer And Limitation Of Liability

16. Changes

17. Applicable Law And Disputes

18. Indemnity

19. General

1.           About this document

This document sets out our general terms governing use of our website.  This document does not set out our booking conditions or other terms of supply. For more information about booking conditions and other terms of supply, please select the relevant brochure:

2.           Your Agreement

By using our website, you confirm your agreement to these website terms of use, and you agree to comply with them.

3.           Copyright notice

This document, and all content of our website is Copyright© 2014 The Travel Corporation of Canada. ALL RIGHTS RESERVED.

4.           About us these website terms of use

These are the website terms of use of The Travel Corporation of Canada (referred to as "we", "us" or "our").   We are incorporated under the laws of Ontario.

5.           Contacting us

If you have any questions about our website or these terms of use, including any complaints, please contact us either by e-mail to contactus@trafalgartours.ca, telephone on 416-322-8466, or by post to 33 Kern Road, Toronto, Ontario M3B 1S9 CANADA. The website is actually owned, managed and operated by Trafalgar Management Services Ltd. (“Trafalgar UK”) located at 15, Grosvenor Place, London, SW1X 7HH. Email: help@trafalgar.com Telephone: 02072357090 and Trafalgar UK is an authorized service provider of ours.

6.           What do these terms cover ?

These website terms of use set out the terms on which our website and e-mails may be visited, browsed and used, and are supplemental to any other terms we may apply from time to time. References to "you" and "your" are to any person who visits, browses, or otherwise uses our website or receives any of our e-mails.

7.           What website do these terms cover ?

These terms cover all of our websites (collectively, “website”), including those at the following addresses, and any other website on which they appear: http://www.trafalgar.com/can

8.           Languages

Our website and any bookings or other transactions conducted through this web website are in the English language(s) only.  We do not offer any other languages at the moment.

9.           Accessing our website

9.1         Website Availability

Our website will only be available at such times as we may decide, and we do not guarantee that our website, or any website content, will always be available or be uninterrupted. We may suspend our website at any time without notice and for any reason, including for upgrade, maintenance, repair, prevention of damage, and investigation. We may suspend, withdraw, discontinue or change all or any part of our website at any time without notice. We shall have no liability to you (including in negligence) if our website is not available for any reason, and we shall have no obligation to you to make sure that our website are available to you at any time.

9.2         Your systems

You are responsible for making all arrangements necessary for you to have access to our website, including compatible software and arranging Internet access.  You are also responsible for ensuring that all persons who access our site through your Internet connection or computer are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

9.3         No misuse

You must not misuse our website by knowingly introducing viruses, Trojans, worms, malware, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence, including under the Canadian Criminal Code. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.

10.       Completing forms and error correction

10.1      Mandatory Information

When completing any enquiry, booking or other forms on our website, some information is mandatory before you will be able to submit the forms to us. Mandatory information requirements are clearly identified and are denoted by an asterisk (*). You will be prompted for this information if you try to submit a form which is missing any of this mandatory data.  Where any information is not marked with an asterisk then such information is optional, and you need to fill it in if you wish to do so.

10.2      Accuracy of your information

When you submit any information to us, including in connection with a registration, enquiry or booking, you must ensure that it is true, accurate, current, and complete in all respects, and you represent that it is.  We will rely on your information provided.

10.3      Error Correction

When you are carrying out any enquiry, booking, order, registration or other process on our website, you may at any time before submitting use the back button on your browser to go back and correct or change any information.  If you think there is any error in your information provided after you have submitted it, you can contact us at any time to correct it.

11.       Registration on our website

11.1      Requirement for registration

To use some of the services or features made available to you on our website (such as accounts, forums, memberships, review and comment functionality, and loyalty programs) you may need to register with our website and accept any terms applicable to such registration as notified to you at the time of registration We may accordingly restrict access to some parts of our website and functionality on our website to persons who have registered with us for access to that part or functionality.

11.2      Updating your information

Should any of your registration information change, please update your details using functionality provided within your website or alternatively contact us.

11.3      Log-In Details

You are responsible for keeping any username and password log-in details relating to such registration confidential, safe and secure. We ask you not to share those details with anyone.  You must ensure that any password you provide is unique and a strong password, being a random string of upper and lower case letters, numbers and symbols of at least 8 or more characters in length, which you have not used on any other website. You must let us know immediately if you suspect any unauthorized access to our use of your log-in details or any registration with our website. We have the right to disable any log-in details, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use or if we suspect any misuse.

11.4      Suspension and Termination

We may suspend or terminate your registration and/or your ability to access or use any features, services or functionality on our website at any time and for any reason, with or without prior notification to you.

12.       Booking Process

12.1      Eligibility

You must be eighteen (18) years old or over to make a booking or otherwise order from us. 

12.2      Ordering process

Our website is not a legal offer. To make a booking with or through us or otherwise order from us using our website you must follow the procedure set out on our website, and a contract will not be formed except in accordance with the procedure explained on our website.

12.3      Our booking and supply terms

All services and products we supply, and all bookings made, are supplied and made on and subject to our booking terms and conditions and other terms of supply, available on request, and these website terms of use do not set out our booking conditions or other terms of supply. You agree that if a booking or order is made by or for you, that our booking terms and conditions and other terms of supply shall apply. For more information about booking conditions and other terms of supply, please select the relevant brochure:

13.       Our Website Content

For the purposes of these terms "our website content" is defined as everything making up our website or which is otherwise downloaded as part of or through our website, including any of our own proprietary or third party services, functionality, trademarks, logos, graphics, photographs, images, sounds, music, video, audio or text on our website, and including any code comprised in our website such as JavaScript’s, flash objects, cookies, HTML, and CSS.  However a reference to “our website content” does not include anything you post to our website, including through use of any community functionality we provide on our website as detailed below. 

13.1      Not advice

Our website content is provided for general information only, with the understanding that we are not engaged in the rendering of legal or other professional advice or service. Your reliance on or use of our website and website content is entirely at your own risk.    

13.2      Validity and Change

Although we make reasonable efforts to update the information on our site, we make no representations, warranties, conditions or guarantees, whether express or implied that the content on our site is accurate, complete or up-to-date. In any event, our website content is only valid at the time it is downloaded, and may change on a subsequent visit to our website. We shall be entitled to change our website content from time to time, and cease providing any particular website content (including part, functionality or service of our website), without notice, and for any reason. 

13.3      Errors

We do not guarantee that our website or any website content will be free from errors or omissions. There may be mistakes and errors in our website content which we fail to notice, which will not be binding on us. We reserve the right to correct any errors in our website content and to change any of our website content (including services, products, availability, and pricing) at any time without notice, including in any booking or order you have submitted or contract you have entered into with us on the basis of it. If any correction affects any booking or order you have submitted or contract you have entered into with us to your material detriment, then we will give you the opportunity to cancel the booking, order or contract rather than accept the change.

13.4      Viruses

While we make all reasonable attempts to exclude viruses from our website and website content, we cannot ensure that they will be virus-free or that our website will not be subject to unauthorized access or modification. Thus, we recommend that you take all appropriate safeguards on your computer or other device (including installing appropriate protective software) before downloading any of our website content.

13.5      Hyperlinks to Third Party Website

If we include a hyperlink to a third party website (e.g. a banner advertisement) in our website content then you should note that these third party website are not our responsibility and you visit them at your own risk. By providing these hyperlinks, we are not endorsing, sponsoring or recommending such sites or the materials disseminated by or services provided by them, and we are not responsible for the materials, services or other situations at or related to or from any other site.  We are not responsible for any damages (direct or indirect) or liabilities that may result from your navigation to any other website from our website. If you supply any personal information to any third party website, you should read their privacy policy as this privacy policy will govern their use of your personal information collected from their website.

13.6      Our Copyright

You acknowledge that all copyright, designs, database rights, trade-marks, patents, and all other intellectual property and material rights relating to our website content (and in the selection and arrangement thereof) is and remains our sole and absolute property and our third party licensors as applicable. You are granted no right, license or interest in or to our website content or any intellectual property rights in it, except for the limited license detailed below, and all other rights are reserved.  In particular you are not permitted to screen scrape or otherwise copy or use our website content except for the purposes of browsing our website as a customer or potential customer under the license below.

13.7      Limited Browsing License

We hereby grant you a limited, royalty free, non-exclusive license to download and run the pages of our website we make accessible to you, in a web browser, and to store them in the web browser cache, solely for the purposes of enabling you to browsing and using our website as a customer or potential customer, or as an agent for a specific customer or potential customer, whether online or offline. You are also permitted to store (as a local copy on your computer file system, outside the browser cache) a copy of, or print off, any web pages we make accessible to you from our website, for your own private records and future reference, provided that you are again doing so as a customer or potential customer, or as an agent for a specific customer or potential customer. Except for as expressly provided by the foregoing license, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any of our website content, or use our website, or any of our website content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website. We may terminate the above download licenses at any time.

13.8      Linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link to our website in such a way as to suggest any form of association, approval or endorsement on our part where none exists.  Our website must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.

14.       Your conduct and content

14.1      Use of our website

You agree to use our website only for lawful purposes reasonably connected to the intended purposes of our website, and you must not use our website for or in connection with any unlawful or criminal activity. You must not seek to unlawfully gain access to our website or any underlying systems. You must not use our website to market or advertise any third party, including any products or services.

14.2      Community functionality

We may offer comment and review facilities, message boards, forums, photo galleries and other community functionality from time to time, which enable you and others to post content to our website. As we are sure you are aware, anything you post online is available for the world to see, and may be subject to moderation or deletion by us at any time. You agree that you will be personally responsible for your use of all community functionality and for all of your communication and activity on and pursuant to our website. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the terms and conditions, we may deny you access to our website on a temporary or permanent basis. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our website. Please exercise discretion when communicating with others using out community functionality, and never make any assumptions about them. The views expressed by other users on our site do not represent our views or values.

14.3      Your content

You shall ensure that anything your post to our website (including text and pictures), whether through any community functionality or otherwise: (a) reasonably relates solely to us and our products and services; (b) is in accordance with any rules or acceptable use policies we may publish from time to time; (c) is not posted in breach of any duty of confidentiality or in infringement of any rights of a third party; (d) is not unlawful, defamatory, threatening, racist, homophobic, sexist or libelous, or incitement to hatred or violence; (e) is not detrimental to people, institutions, or religions or to people's privacy; (f) capable of causing harm to minors or unwarranted distress to any person; (g) is not detrimental to our trademarks or our website content; (h) is not personal information of a third party; (h) is not using our site to promoting and advertise any businesses, product, service or other thing; (i) does not advocate illegal activity or discuss illegal activities with the intent to commit them; (j) is not vulgar, obscene, discourteous or indecent; (k) is not software; and (l) does not otherwise breach any applicable laws.  Any content you upload to our community functionality will be considered non-confidential. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our website constitutes a violation of their intellectual property rights, or of their right to privacy, or any breach of law.

14.4      License of your content

In relation to anything your post to our website (including text and pictures), whether through any community functionality or otherwise, you hereby grant to us a perpetual, irrevocable, royalty free, transferable, license, with the right to grant sublicenses, to use, copy, edit, distribute, adapt, publish, translate, publicly perform and display, create derivative works from and do anything else whatsoever with that content, including (without limitation) publication and republication in any form, medium or technology (whether now known or later developed) in any part of the world. In particular, by posting a message or other content on our website (including sending in photos to any photo gallery), you understand that such content becomes public domain and therefore may be used by us for marketing and other purposes without any compensation required to be paid to you. You waive all moral rights (including to be identified as author) in relation such content. You warrant that you have the right to grant the license above, and that the exercise by us of that license shall not infringe any copyright or other intellectual property rights in any part of the world.

15.       Disclaimer and Limitation of Liability

15.1      No prejudice to consumer rights

If you are a consumer (i.e. an individual acting for their private purposes not associated with a business or profession) nothing in these terms shall affect your legal rights as a consumer to the extent they may not be excluded or limited by law, and the following terms shall be read subject to this.

15.2      No prejudice to contracts with us

The following terms shall be without prejudice to our liability under or in relation to any contract which we enter into with you as a result of a booking made by you, but such contract shall be subject to any separate booking conditions or other terms we apply to that contract and any exclusions or restrictions of liability in such conditions or terms.

15.3      Disclaimer of negligence

We disclaim and exclude any duty of care which we may owe you in respect of our website and website content, and we shall have no liability to you in negligence with respect to our website or website content.

15.4      No promise as to quality and exclusion of implied terms

We provide each of our website and the website content on an "as is" and "as available" basis, without representation, warranty, guarantee, condition or promise of any kind, including as to its quality, condition, fitness for purpose, availability, suitability, or functionality.  We do not represent or warrant that our website content is accurate, complete or current, and we shall have no liability whatsoever in respect of any use which you make of our website content.  We hereby exclude to the fullest extent permitted by law all implied representations, warranties, terms and conditions, and all rights under any law, in your favour, including any implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment or non-infringement or those arising out a course of dealing or usage of trade, with respect to our website or website content.

15.5      Fitness for purpose

Neither our website content nor the website content has been written to meet your individual requirements and it is your sole responsibility to satisfy yourself prior to ordering any products or services from us that they are suitable for your purposes.

15.6      No liability for business losses

We shall not be liable to you for any loss damage or liability you suffer or incur as a result of visiting, browsing, or using our website or website content, or the non-availability or interruption of our website or website content, or relying on our website or website content.  In particular, we shall not be liable for any loss, damage or liability suffered by or in relation to any business, profession, occupation or organization, even if we have been advised of the possibility of such loss, including: (a) loss of profit, revenue, contract, sales, goodwill, opportunity, wasted or additional expenditure, loss of bargain, loss of anticipated savings, business interruption, or liability to any third party and fines, in each case whether direct or not; or (b) for any losses or damages of any nature which are special, punitive, exemplary, indirect, incidental or consequential.

15.7      No liability for force majeure

We will not be liable for anything caused by event or circumstance beyond our reasonable control.

15.8      No liability unless our fault

We shall not be liable for any losses unless they are caused by any negligence, or breach of any law or legal or contractual obligation on our part. We shall not be liable for any losses caused by any act or omission on your part.

15.9      No liability for loss not foreseeable

We shall not be liable for any loss or damage which was not foreseeable.

15.10   Meaning of liability

References to our liability include our liability under or for breach of a contract, liability in negligence, liability under any statute or other law, liability for breach of statutory duty, or any other liability on whatever basis or howsoever arising, including (without limitation) where such liability arises out of or in connection with our website, website content, and any services provided through them, your reliance on the same, or the non-availability or interruption of the same.  For greater clarity, our maximum liability to you for your use of the website, including for any damages arising in connection with your use of the website, shall not exceed.

16.       Changes to these terms

We may change these website terms of use at any time and from time to time without notice to you, including by publishing a new version on our website. You should check these terms for updates each time you visit our website to be sure that you are aware of any changes.  You should check the top of the document to see the latest version in force.  Any change will be prospective only, and we will not make any changes that have retroactive effect unless legally required to do so.  By continuing to use our website after any such change you will be considered to have accepted the change.

17.       Applicable Law And Disputes

These terms, your use of our website, and any claim relating to our website or based information on our website, is subject to the laws of the Province of Ontario and the federal laws of Canada applicable therein, excluding any conflicts of law provisions.  You agree that you must bring, and you must bring any claims against us arising in connection with these terms of use exclusively in the courts of the Province of Ontario. The United Nations Convention on the International Sale of Goods is explicitly excluded from these terms of use.

 

18.       Indemnity

You agree at all times to indemnify, defend and hold harmless us, our licensors, third party licensors, service providers, employees, contractors, agents, officers, directors, successors and assigns (the “Indemnified Parties”) from and against any claims, losses, judgments, actions, proceedings, damages, costs and expenses (including without limitation, reasonable legal and other fees and disbursements) incurred by any of the foregoing parties due to or resulting from your use or misuse of the website, website content or from submissions that you post to, submit or transmit through the website or from your violation of these terms of use.  You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of website content or other content available on this website.

19.     General

(a) Entire Terms.  These terms of use and any other legal notices, policies and guidelines of ours linked to these terms of use constitute the entire agreement between you and us relating to the subject matter hereof and supersede any prior understandings or agreements (whether oral or written), claims, representations, and understandings of the parties regarding such subject matter and terms of use may not be amended or modified except in writing or by making such amendments or modifications available on this website.

(b) No Agency; Third Party Beneficiary.  We are not your agent, fiduciary, trustee, or other representative.  Nothing expressed or mentioned in or implied from these terms of use is intended or will be construed to give to any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to these terms of use.  These terms of use and all of the representations, warranties, covenants, conditions, and provisions hereof are intended to be and are for the sole and exclusive benefit of us and you.

(c) Assignment.  You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.

(d) Severability.  If any provision of these terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the terms of use remain in full force and effect.

(e) No Waiver.  We will not be considered to have waived any of our rights or remedies described in these terms of use unless the waiver is in writing and signed by us.  No delay or omission by us in exercising its rights or remedies will impair or be construed as a waiver.  Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy.  Our failure to enforce the strict performance of any provision of these terms of use will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of these terms of use.

(f) Headings.  The headings used in these terms of use are included for convenience only and have no legal or contractual effect and will not affect the construction or interpretation of these terms of use.

End of Document

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