website
conditions

website
conditions

website
conditions

HomeLegalTerms of Use

Terms and Conditions
of Website use

Please read these Terms and Conditions of Use (“Terms”, “Terms of Use”) carefully before using the www.gokanada.ca website operated by Go Kanada Travel Inc. (“Us”, “We”, or “Our”).

Ruling Language: The official language of Go Kanada Travel Inc. is English. These Terms may be available in other language than English. In the event of any inconsistency, the English version is the original language and any translation into other language shall be deemed as reference for information purposes only. In case of conflict, the English version shall prevail and will therefore be binding version for both parties.

To find the terms and conditions that specifically relate to your travel arrangements with us follow this link to Booking Terms and Conditions.

LAST UPDATED: December 1, 2020

1.1      These terms and conditions shall govern:

          (a) your use of the Go Kanada Travel Inc. Website;

          (b) our supply of products and services; and

          (c) our contact with you.

1.2      By using our Website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our Website.

1.3      If you register with our Website or make a purchase on our Website, we will ask you to expressly agree to these terms and conditions.

1.4      You must be at least nineteen (19) years of age to use our Website for booking of travel services, as outlined in our Booking Terms and Conditions.

1.5      Our Website uses cookies; by using our Website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our Privacy and Cookies Policy.

1.6      Unless otherwise specified, the materials on our Website are presented solely for the purpose of promoting Go Kanada Travel’s products.

1.7      We have made available various services, tools and functionality on this Website for your use. The information set out by us on these pages tells you how you can use these services, tools and functionality to find out about and book our products (as well as those provided by our selected partners), view content provided by us, interact with us and submit and share views with other customers. Your use of this Website in these ways is subject to these Terms and Conditions.

2.1      Copyright © 2020 Go Kanada Travel Inc.

2.2      Subject to the express provisions of these terms and conditions:

(a)      We, together with our licensors, own and control all the copyright and other intellectual property rights in our Website and the material on our Website; and

(b)      all the copyright and other intellectual property rights in our Website and the material on our Website are reserved.

3.1      You may:

(a)      view pages from our Website in a Web browser for your own personal, non-commercial use only;

(b)      to obtain information on, check the suitability and availability of our products and services;

(c)      for purposes legitimately connected with purchasing our products and services;

(d)      stream audio and video files from our Website;

(e)      use our Website to book and/or to pay for travel services

(f)       to access or retrieve your travel information and/or booking data, manage your preferences or to get into contact with us about your bookings or travel arrangements; and

(g)      submit and share your views, reviews and comments on our products and services;

          subject to the other provisions of these terms and conditions.

3.2      Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our Website or save any such material to your computer.

3.3      You may only use our Website for booking a travel service, making a payment for such a service, respond to this Website with questions, comments, suggestions, enquiries or feedback with respect to the content of this Website, and you must not use our Website for any other purposes.

3.4      Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our Website.

3.5      Unless you own or control the relevant rights in the material, you must not:

(a)      republish material from our Website (including republication on another Website);

(b)      sell, rent or sub-license material from our Website;

(c)      show any material from our Website in public;

(d)      exploit material from our Website for a commercial purpose; or

(e)      redistribute material from our Website.

3.6      Notwithstanding Section 3.5, you may redistribute our newsletter in print and electronic form to any person.

3.7       We reserve the right to restrict access to areas of our Website, or indeed our whole Website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our Website.

4.1      You must not:

(a)      use our Website in any way or take any action that causes, or may cause, damage to the Website or impairment of the performance, availability or accessibility of the Website;

(b)      use our Website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c)      use our Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d)      conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Website without our express written consent;

(e)      access or otherwise interact with our Website using any robot, spider or other automated means, except for the purpose of search engine indexing;

(f)       violate the directives set out in the robots.txt file for our Website; or

(g)      use data collected from our Website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing);

(h)      make any unauthorized, false or fraudulent reservation on this Website

(i)       use this Website in any way that interferes with or affects the performance of the Website or our systems or which interferes in any way with other users use of the Website;

(j)       gain, or attempt to gain, any unauthorized access to our Website, our other systems and/or to the personal data, information or booking data of other users and customers;

4.2      You must not use data collected from our Website to contact individuals, companies or other persons or entities.

4.3      You must ensure that all the information you supply to us through our Website, or in relation to our Website, is true, accurate, current, complete and non-misleading.

5.1      The advertising of products and services on our Website constitutes an “invitation to treat” rather than a contractual offer.

5.2      We may periodically change the products and services available on our Website, and we do not undertake to continue to supply any particular product or type of product or service.

5.3      Prices stated on our Website may be stated incorrectly.

5.4      The sale and purchase of products and services through our Website will be subject to Go Kanada Travel Inc. Booking Terms and Conditions, and we will ask you to agree to the terms of that document each time you make a purchase on our Website.

5.5      Any product or service reviews that you submit for publication on our Website shall be subject to the terms of Section 9 and Section 10.

5.6      Normally, when you purchase our products and/or services and book travel arrangements on this Website your agreement is with Go Kanada Travel Inc. and if not we will make it clear to you that Go Kanada Travel Inc. is acting as an agent for another travel provider. See our Booking Terms and Conditions for the purchase of travel products and holidays from us.

5.1      The advertising of products and services on our Website constitutes an “invitation to treat” rather than a contractual offer.

5.2      We may periodically change the products and services available on our Website, and we do not undertake to continue to supply any particular product or type of product or service.

5.3      Prices stated on our Website may be stated incorrectly.

5.4      The sale and purchase of products and services through our Website will be subject to Go Kanada Travel Inc. Booking Terms and Conditions, and we will ask you to agree to the terms of that document each time you make a purchase on our Website.

5.5      Any product or service reviews that you submit for publication on our Website shall be subject to the terms of Section 9 and Section 10.

5.6      Normally, when you purchase our products and/or services and book travel arrangements on this Website your agreement is with Go Kanada Travel Inc. and if not we will make it clear to you that Go Kanada Travel Inc. is acting as an agent for another travel provider. See our Booking Terms and Conditions for the purchase of travel products and holidays from us.

7.1      If you register for an account with our Website, you will be asked to choose a user ID and password.

7.2      Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person.

7.3      You must keep your password confidential.

7.4      You must notify us in writing immediately if you become aware of any disclosure of your password.

7.5      You are responsible for any activity on our Website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

8.1      We may:

(a)      suspend your account;

(b)      cancel your account; and/or

(c)      edit your account details,

          at any time in our sole discretion without notice or explanation.

8.2      You may cancel your account on our Website using your account control panel on the Website.

9.1      In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our Website for storage or publication on, processing by, or transmission via, our Website.

9.2      You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media OR reproduce, store and publish your content on and in relation to this Website and any successor Website OR reproduce, store and, with your specific consent, publish your content on and in relation to this Website.

9.3      You grant to us the right to sub-license the rights licensed under Section 9.2.

9.4      You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.

9.5      You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

9.6      You may edit your content to the extent permitted using the editing functionality made available on our Website.

9.7      Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

10.1    You warrant and represent that your content will comply with these terms and conditions.

10.2    Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

10.3    Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a)      be libelous or maliciously false;

(b)      be obscene or indecent;

(c)      infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(d)      infringe any right of confidence, right of privacy or right under data protection legislation;

(e)      constitute negligent advice or contain any negligent statement;

(f)       constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

(g)      be in contempt of any court, or in breach of any court order;

(h)      be in breach of racial or religious hatred or discrimination legislation;

(i)       be in breach of official secrets legislation;

(j)       be in breach of any contractual obligation owed to any person;

(k)      depict violence in an explicit, graphic or gratuitous manner;

(l)       be pornographic, lewd, suggestive or sexually explicit;

(m)     be untrue, false, inaccurate or misleading;

(n)      consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(o)      constitute spam;

(p)      be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or

(q)      cause annoyance, inconvenience or needless anxiety to any person.

11.1    If you learn of any unlawful material or activity on our Website, or any material or activity that breaches these terms and conditions, please let us know.

11.2    You can let us know about any such material or activity by email.

12.1    We do not warrant or represent:

(a)      the completeness or accuracy of the information published on our Website;

(b)      that the material on the Website is up to date; or

(c)      that the Website or any service on the Website will remain available.

12.2     To the maximum extent permitted by applicable law and subject to Section 13.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our Website and the use of our Website.

13.1    Nothing in these terms and conditions will:

(a)      limit or exclude any liability for death or personal injury resulting from negligence;

(b)      limit or exclude any liability for fraud or fraudulent misrepresentation;

(c)      limit any liabilities in any way that is not permitted under applicable law; or

(d)      exclude any liabilities that may not be excluded under applicable law.

13.2    The limitations and exclusions of liability set out in this Section 13 and elsewhere in these terms and conditions:

(a)      are subject to Section 13.1; and

(b)      govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

13.3    To the extent that our Website and the information and services on our Website are provided free of charge, we will not be liable for any loss or damage of any nature.

13.4    We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

13.5    We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

13.6    We will not be liable to you in respect of any loss or corruption of any data, database or software.

13.7    We will not be liable to you in respect of any special, indirect or consequential loss or damage.

13.8    You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with our Website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

14.1    Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a)      send you one or more formal warnings;

(b)      temporarily suspend your access to our Website;

(c)      permanently prohibit you from accessing our Website;

(d)      block computers using your IP address from accessing our Website;

(e)      contact any or all of your internet service providers and request that they block your access to our Website;

(f)       commence legal action against you, whether for breach of contract or otherwise; and/or

(g)      suspend or delete your account on our Website.

14.2     Where we suspend or prohibit or block your access to our Website or a part of our Website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

15.1    Our Website includes hyperlinks to other Websites owned and operated by third parties; such hyperlinks are not recommendations.

15.2    We have no control over third party Websites and their contents, and subject to Section 13.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them. your access to such Websites through links provided on this Website is governed by the terms of use and policies of those sites, not this Website.

16.1    Our logos and our other registered and unregistered trademarks are trademarks belonging to us; we give no permission for the use of these trademarks, and such use may constitute an infringement of our rights.

16.2    The third party registered and unregistered trademarks or service marks on our Website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

17.1    We may revise these terms and conditions from time to time.

17.2    The revised terms and conditions shall apply to the use of our Website from the date of publication of the revised terms and conditions on the Website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

17.3    If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the Website, and you must stop using the Website.

18.1    You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

18.2    You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

19.1    If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

19.2    If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it Were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

20.1    A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

20.2    The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

21.1    Subject to Section 13.1, these terms and conditions, together with our Privacy and Cookies Policy, shall constitute the entire agreement between you and us in relation to your use of our Website and shall supersede all previous agreements between you and us in relation to your use of our Website.

22.1    These Term and any rights, duties and obligations as between you and Go Kanada Travel Inc. shall be governed by and interpreted in accordance with the laws of the Province of Alberta and shall be within the exclusive jurisdiction of the Courts of the Province of Alberta.

22.2    Any litigation involving the parties to these Terms shall be brought solely within the Province of Alberta and shall be within the exclusive jurisdiction of the Courts of the Province of Alberta.

22.3    This website is owned, operated and controlled by Go Kanada Travel Inc. in Canada. Go Kanada Travel Inc. websites with foreign domain-endings of our subsidiaries are also operated here even though foreign domains may be registered in foreign countries.