TERMS
AND CONDITIONS OF USE OF
SITE
Please read these Terms
and Conditions carefully
before using this Site.
Last updated on July 14
2005
This web site (this
"Site") is provided by
Paragon 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 or internal
company use, provided,
however, that you may
not, nor may you allow
others to, directly or
indirectly: (i) remove,
from any copy of the
Materials downloaded,
the copyright or other
proprietary notices
contained in the
Materials; (ii) sell,
reproduce, modify or
attempt to 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)
upload, post or
otherwise transmit on
this Site any Content
that would negatively
affect the functioning
of the Site, including
without limitation
computer viruses, Trojan
horses, worms or other
harmful, disruptive or
destructive files or
computer programs or
that imposes an
unreasonable or
disproportionately large
load on this Site's
infrastructure; (ix) 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; (x)
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; (xiii)
transmit on, to or from
this Site spam, chain
letters, junk mail or
any other type of
unsolicited mass e-mail;
(xiv) harvest or
otherwise collect
information about
others, except for the
sole stated purposes
provided by this Site,
including e-mail
addresses, without their
consent; or (xv)
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.
If the Site provides you
with the capability to
post certain Content to
the Site, you may only
do so for the lawful,
stated purposes of this
Site. You agree, that in
posting Content, you
will not, nor will you
allow others to,
directly or indirectly:
(i) post any incomplete,
false or inaccurate
information; (ii) post
any franchise, pyramid
scheme, "club
membership",
distributorship or sales
representative agency
arrangement or other
business opportunity
which requires an up
front or periodic
payment, requires
recruitment of other
members,
sub-distributors or
sub-agents; (iii) delete
or revise any material
posted by any other
person or entity; (iv)
post or transmit any
Content that is
unlawful, harmful,
threatening, abusive,
harassing, defamatory,
libelous, vulgar,
obscene, or tortious or
materials which infringe
or violate any third
party's copyright,
trademark, trade
secrets, privacy or
other proprietary or
property right or that
could constitute a
criminal offence, give
rise to civil liability
or otherwise violate any
applicable law; (v)
impersonate any person
or entity.
In addition, you agree
that you are solely
responsible for actions
and communications
undertaken or
transmitted in the
course of your usage of
this Site, and that you
will comply with all
laws that apply or may
apply to your use of or
activities on this Site
or in respect of the
Content and Materials.
Agency will investigate
occurrences which may
involve such violations
and may involve, and to
the extent permitted by
law, co-operate with,
law enforcement
authorities in
prosecuting users who
are involved in such
violations.
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. Registration and
Password
Where the Site provides
you with the capability
to do log in, you are
responsible for
maintaining the
confidentiality of your
registration information
and password. You shall
be responsible for all
uses of your
registration, whether or
not authorized by you.
You agree to immediately
notify Agency of any
unauthorized use of your
registration or
password.
5. 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.
Except as permitted by
law, you may not use the
Software for any other
purpose or attempt to
decipher, decompile,
disassemble or reverse
engineer any of the
Software comprising or
in any way making up a
part of the Site.
6. 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.
7. 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.
8. Agreement to Privacy
Policy
You agree to abide by
Agency's Privacy Policy,
which is incorporated by
reference into these
Terms and Conditions.
9. 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.
10. 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.
11. 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.
12. 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 Ontario, 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 Toronto
pursuant to Section 13
below. Each party hereby
agrees to submit to the
jurisdiction of the
courts of Ontario
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.
13. 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
Ontario 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.
14. 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.
15. 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.
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