Term of Agreement
Termination of Access to Services
Use of “Cookies”
Intellectual Property Rights
All material available on the Site and all material and services provided by or through 10A-Tours, its affiliates, subsidiaries, employees, agents, licensors or other commercial partners including, but not limited to, software, all informational text, software documentation, design of and “look and feel”, layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted, as well as all derivative works thereof (collectively, the “Materials”), are owned by us or our licensors or service providers, and are protected by copyright, trademark, trade secret and other intellectual property laws.
All 10A-Tours trademarks, service marks, trade dress, trade names, brand names, logos and domain names, whether registered or unregistered, including all goodwill in connection therewith (the “Trademarks”), are owned by us. You may not use the Trademarks without our prior written consent.
You agree that any ideas, suggestions, concepts, processes or techniques which you provide to 10A-Tours related to the Services, the Site or 10A-Tours or its business (“Feedback”) are and shall be 10A-Tours’ exclusive property without any compensation or other consideration payable to you by 10A-Tours, and you do so of your own free will and volition. 10A-Tours may or may not, in its sole discretion, use or incorporate the Feedback in whatever form or derivative 10A-Tours may decide into the Site, its software, Services, documentation, business or other products, or any future versions or derivatives of the foregoing. You hereby assign all rights on a worldwide basis in perpetuity to 10A-Tours in any Feedback and, as applicable, waive any moral rights.
10A-Tours retains the right to use or share any Aggregated Data generated by anyone using our Site, including our users, for the purpose of enhancing and providing the Services. “Aggregated Data” means data which does not contain personal information and which has been manipulated or combined to provide generalized, anonymous information.
10A-Tours does not sell information about your customer leads to third parties.
Your Profile Information and Account
Your right to access and use the Services is personal to you and is not transferable by you to any other person or entity. You agree not to disclose your User ID to any third party. You are solely responsible for all activities that occur under your Account or under your Profile Information. If you become aware of any unauthorized use of your Account or Profile Information, you are responsible for notifying 10A-Tours immediately. It is your responsibility to update or change any Account or Profile Information, as appropriate.
In the case of any newsletter or other marketing initiatives, you can withdraw your consent to receiving those communications and unsubscribe to any 10A-Tours subscriptions at any time by clicking “Unsubscribe” at the bottom of such communication or by contacting email@example.com. Doing so may have a material impact on our ability to provide any Services to you, and we are not responsible if you do so.
Acceptable Use and Conduct:
You agree that you will not use the Site or Services in a manner that:
(a)contains software viruses, Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(b)is libelous or defamatory, or that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or is invasive of another’s privacy;
(c)is harmful to minors in any way;
(d)is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable, as reasonably determined by 10A-Tours;
(e)interferes or attempts to interfere with the proper working of the Site or Services or prevents others from using the Site or Services, or that otherwise negatively affects other persons’ ability to use the Site or Services;
(f)uses any manual or automated means, including agents, robots, scripts, or spiders, to monitor or copy the Site or Services or the content contained therein;
(g)stalks or otherwise harasses anyone on the Site or using the Services or with information obtained from the Site or Services;
(h)collects, uses or discloses data, including personal information, about users without their informed consent or for unlawful purposes or in violation of applicable law or regulations;
(i)requests, solicits or otherwise obtains access to usernames, passwords or other authentication credentials from any user of the Site or Services for the purposes of automating logins to the Site;
(j)attempts to gain unauthorized access to the computer systems of 10A-Tours or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Site or Services;
(k)posts adult or pornographic content;
(l)decompiles or reverse engineers or attempts to access the source code of the software underlying the Site, the Services or any other 10A-Tours technology;
(m)copies, archives, stores, reproduces, rearranges, modifies, downloads, uploads, creates derivate works from, displays, performs, publishes, distributes, redistributes or disseminates all or any part of the Site or Services;
(n)accesses the Site or Services for the purposes of building a product using similar ideas, features, functions, interface or graphics as those found in the Site or Services;
(o)accesses the Site or Services for the purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes; or
(p) uploads, posts or attempts to post any content (including, but not limited to, in our comment section) containing any of the following:
- advertisements, solicitations or commercial messages or materials of any kind (whether for profit or not);
- messages or comments impersonating others;
- unauthorized messages purporting to be issued by employees or agents of 10A-Tours and purporting to speak on behalf of 10A-Tours or containing confidential information or expressing opinions concerning 10A-Tours; or
- messages or content that are antisocial, disruptive or destructive, including “flaming”, “spamming”, “flooding”, “trolling”, “griefing” and “phishing” as those terms are commonly understood and used in relation to the Internet.
DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT YOU USE THE SITE AND SERVICES AND PURCHASE ANY PRODUCTS AT YOUR OWN RISK. THE SITE, SERVICES AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. 10A-TOURS EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND WITH RESPECT TO THE SITE, SERVICES OR PRODUCTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT.
10A- TOURS DISCLAIMS ANY WARRANTY THAT THE SITE, SERVICES OR ANY CONTENT, INCLUDING WITHOUT LIMITATION ANY THIRD PARTY SOFTWARE AND CONTENT, WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT FROM TIME TO TIME 10A- TOURS MAY REMOVE THE SITE OR CEASE PROVIDING THE SERVICES FOR INDEFINITE PERIODS OF TIME WITHOUT NOTICE TO YOU. YOUR ACCESS AND USE OF THE SITE AND THE SERVICES MAY BE INTERRUPTED FROM TIME TO TIME FOR ANY OF SEVERAL REASONS, INCLUDING, WITHOUT LIMITATION, THE MALFUNCTION OF EQUIPMENT, PERIODIC UPDATING, MAINTENANCE OR REPAIR OF THE SITE OR SERVICES OR OTHER ACTIONS THAT 10A- TOURS, IN ITS SOLE DISCRETION, MAY ELECT TO TAKE. 10A- TOURS MAKES NO GUARANTEE REGARDING: (A) THE AMOUNT, TIMING AND DELIVERY OF ANY CLICKS OR IMPRESSIONS WITH RESPECT TO ANY ADVERTISING ON THE SITE OR SERVICES; OR (B) THE COMPATIBILITY OF ANY SOFTWARE, HARDWARE OR CONTENT WITH THE SITE OR SERVICES.
10A- TOURS IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF, OR FOR THE FAILINGS OF, ANY THIRD-PARTY PROVIDER OF ANY CONTENT, SERVICE, NETWORK, SOFTWARE OR HARDWARE, INCLUDING BUT NOT LIMITED TO, INTERNET SERVICE PROVIDERS, HOSTING SERVICES UTILIZED BY 10A- TOURS, TELECOMMUNICATIONS PROVIDERS, OR ANY SOFTWARE OR HARDWARE NOT PROVIDED BY 10A- TOURS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
THE SITE AND SERVICES ARE OFFERED AND CONTROLLED BY 10A- TOURS FROM ITS FACILITIES IN CANADA. 10A- TOURS MAKES NO REPRESENTATIONS THAT THE SITE OR SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SITE OR SERVICES FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
Third Party Sites and Content
The Site may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. These other websites are not under 10A-Tours’ control, and you acknowledge that 10A-Tours is not responsible or liable for any third party content, including but not limited to the accuracy, integrity, quality, usefulness, legality, appropriateness, safety or intellectual property rights of or relating to such third party content or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by 10A-Tours or any association with its operators.
You may make bookings through this Site for other products or services, including for guided, custom or self-guided tours, that are provided by third party providers (“Service Providers”). Certain information on the Site is provided to us by such Service Providers, and we accept no responsibility for the accuracy of such information or the availability of products or services provided by such Service Providers.
You further acknowledge and agree that 10A-Tours shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on the content, products or services of such Service Providers. Access and use of third party sites, including the information, material, products and services on third party sites or available through third party sites, is solely at your own risk.
You acknowledge and agree that only an adult (a person who has attained the age of majority in their local jurisdiction) can enter into and complete a transaction involving the payment of money. All payments must be remitted through an account of a payment provider or processor approved by 10A-Tours and you agree to abide by the terms and conditions applicable to that payment method. When you provide any such payment account information to 10A-Tours, you represent to 10A-Tours that you are the authorized user of that payment account. 10A-Tours, or its approved third party payment provider or processor will charge your chosen method of payment for any purchased Products, plus any applicable taxes we are required to collect, where you authorize us to do so.
YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR PAYMENT ACCOUNT. YOU UNDERSTAND AND AGREE THAT ONCE YOU AUTHORIZE US AND/OR OUR APPROVED PAYMENT PROVIDER OR PROCESSOR TO CHARGE YOUR PAYMENT ACCOUNT AND/OR THE ASSOCIATED CREDIT CARD FOR A CERTAIN AMOUNT, SUCH AMOUNT SHALL ONLY BE REFUNDABLE IN ACCORDANCE WITH THE REFUND POLICY SET OUT IN OUR BOOKINGS TERMS AND CONDITIONS.
EXCLUSIVE REMEDY AND LIMITATION OF LIABILITY
THE FOREGOING LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO ANY DAMAGES INCURRED BY REASON OF ANY CONTENT OR SERVICES PROVIDED ON ANY THIRD PARTY SITES OR OTHERWISE PROVIDED BY ANY SERVICE PROVIDERS AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE SITE OR RECEIVED BY YOU ON ANY THIRD PARTY SITES. YOU ALSO AGREE THAT 10A- TOURS WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS THE RESULT OF ANY INTERACTIONS OR DEALINGS WITH ADVERTISERS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE SITE.
10A-Tours shall have no liability whatsoever for any damages, liabilities, losses or any other consequences that you may incur as a result of any modification, suspension or discontinuance of the Site and/or the Services.
Waiver of Jury Trial and Class Action Rights
Limitation of Time
You may contact 10A-Tours by email at firstname.lastname@example.org