Terms and Conditions Agreement |
This ehCanadaTravel.com - Website Advertising Terms and Conditions (the "Agreement") is a legal contract between the customer ("Customer", "You", "Your" etc) and ehCanadaTravel.com. The Agreement governs your purchase and use of the various online website products and services, whether fee-based or free of charge, offered on any of the ehCanadaTravel.com Travel Network websites designed, developed and maintained by ehCanadaTravel.com (each will be referred to as a "Service"). Your use of the Services is conditioned on your acceptance of this Agreement. The Customer accepts and agrees to be bound by all the terms and conditions of this Agreement, as well as any additional terms specific to the particular Services for which you register. Since this is a binding legal agreement between you and ehCanadaTravel.com, please print a copy of this Agreement for your records. |
1. THE SERVICES You may upgrade to a higher Service Plan, if available, at any time during the term of this Agreement. Upon any such upgrade, you agree to pay the increased fees for that Service Plan in accordance with this Agreement. Upgrade pricing for the subscription period in which the upgrade occurs will be prorated in proportion to the number of days remaining in that subscription period at the time the upgrade becomes effective. ehCanadaTravel.com reserves the right to modify, enhance, or supplement the Services at any time in its sole discretion, provided that those modifications do not materially and adversely affect your rights or obligations under this Agreement. |
2. REGISTRATION PROCESS ehCanadaTravel.com is not responsible or liable for any publication of any Customer information on any of their travel websites including, but not limited to, descriptive text, photos and/or contact information pertaining to a Customer's advertising. ehCanadaTravel.com reserves the right, in its sole discretion, to refuse any registration or Service activation request for any reason or no reason, and shall not be obligated to provide any Service to you unless and until it has received payment for the applicable fee. ehCanadaTravel.com's use of your registration information is governed by ehCanadaTravel.com's privacy policy, available on the ehCanadaTravel.com website ("Privacy Policy"). |
3. YOUR PROMISES AND OBLIGATIONS (a) All of the registration information you supply to ehCanadaTravel.com is true, complete, and accurate, and you will notify ehCanadaTravel.com of any changes to your registration data during the term of this Agreement and submit updated information within twenty (20) days of any such changes; (b) none of ehCanadaTravel.com's Services shall be used for or contain any:
(c) You will safeguard your account user name and password by not disclosing your password to any third party, and you will assume responsibility for any and all harm or liability attributable to you or any other person accessing your account or any Services with your user name and password; (d) You will treat any and all consumer information gathered for you or transmitted to you via the ehCanadaTravel.com website or Services in accordance with ehCanadaTravel.com's Privacy Policy; (e) You will comply with all local, provincial and federal laws and regulations governing your actions under this Agreement; and (f) You have full power and authority to enter into this Agreement and to perform your obligations hereunder. Without limiting its other remedies, ehCanadaTravel.com may refuse or cancel your account or Services at any time for any violation of the foregoing promises. |
4. PAYMENT Section 4.1 Price and Payment. ehCanadaTravel.com reserves the right to increase prices upon the expiration of the Customer's contracted term. Price increases shall be posted on ehCanadaTravel.com's web site 30 days prior to taking effect. ehCanadaTravel.com agrees to submit written notice to the primary email on record for the Customer at least 30 days prior to taking effect. Section 4.2. Method of Payment. Section 4.3. Credit Card Chargebacks. |
5. PRICING CHANGES AND OTHER MODIFICATIONS ehCanadaTravel.com may change its Service fees, or any other terms of this Agreement, at any time by updating the applicable pricing information or other terms posted on the ehCanadaTravel.com website. New pricing terms will become effective (45) days after ehCanadaTravel.com posts such changes to its website. Changes to terms not related to pricing will become effective fifteen (15) days after such notification. If you do not agree to any changes posted by ehCanadaTravel.com in accordance with this Section, you must cancel your account or the affected Service as provided herein before the given changes become effective; otherwise you will be deemed to have accepted and agreed to the changes. |
6. RENEWAL AND CANCELLATION OF SERVICES At any time after activation of a Service, either you or ehCanadaTravel.com may cancel that Service (or ehCanadaTravel.com may discontinue the Service completely) by providing written notice to the other party, in which case the Service will terminate on the date specified in the cancellation notice. If no date is specified, the Service will terminate at the end of the then-current billing period (for paid Services) or calendar month. ehCanadaTravel.com also reserves the right to cancel any individual Service immediately and without notice in the event that you breach any provision of this Agreement or any other terms that apply to that Service. NO REFUNDS WILL BE AVAILABLE ON ACCOUNT OF ANY SERVICE CANCELLATION BY EITHER PARTY, EXCEPT AS EXPRESSLY PROVIDED IN THE SECTION ENTITLED "REFUNDS" BELOW. |
7. TERM AND TERMINATION OF AGREEMENT The term of this Agreement and the registered Services become active on the date that ehCanadaTravel.com RECEIVES FULL PAYMENT and will continue in force until terminated according to this section. Upon cancellation of all active Services, or any time thereafter, either party may terminate your account and this Agreement by written notice to the other party. ehCanadaTravel.com also reserves the right to terminate your account and this Agreement immediately and without notice in the event that you breach any provision of this Agreement. No refunds will be available on account of any termination of this Agreement, except as expressly provided in the Section entitled "Refunds" below. Sections 10 through 13 of this Agreement shall survive and remain in effect notwithstanding any termination of this Agreement. |
8. REFUNDS If ehCanadaTravel.com terminates this Agreement, your account, or any Service prior to the end of any active subscription period, and if you have not breached any provision of this Agreement, then you may request a partial refund of the fees that you have paid for that subscription period, based on the number of days remaining in the subscription period at the time of such termination. If your termination request is sent in writing (15) days after your registration then ehCanadaTravel.com will issue the appropriate credit. |
9. OWNERSHIP RIGHTS All rights to the published images, pictures, vidoes and other materials on ehCanadaTravel.com belong to their respective owners (authors), and the Website Administration does not bear responsibility for their use. If you find any inappropriate content or any content that infringes your rights, and you do not want your material to be shown on this website, please contact the administration and we will immediately remove that material protected by copyright. You agree and understand that the Services and all graphic designs, icons, tags, HTML & PHP code, computer programming, and other elements incorporated therein are the exclusive property of ehCanadaTravel.com. In addition, you acknowledge that ehCanadaTravel.com owns all right, title, and interest in and to ehCanadaTravel.com's trademarks, trade names, service marks, inventions, copyrights, trade secrets, patents, technology, software, and know-how related to the design, function, or operation of the Service. Your rights to the Services are strictly limited to the rights expressly granted in this Agreement. |
10. DISCLAIMER OF WARRANTY ehCanadaTravel.com makes no guarantees of any kind regarding the use or the results derived from any Services in terms of dependability, accuracy, security, timeliness, availability, reliability, or usefulness. The Services and all related materials are provided "AS IS" without warranty of any kind. ehCanadaTravel.com hereby DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO THE SERVICES AND RELATED MATERIALS, INCLUDING ALL IMPLIED WARRANTIES FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ehCanadaTravel.com DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SERVICES WILL BE COMPATIBLE WITH OR OPERATE IN THE HARDWARE, SOFTWARE, OR WEBSITE CONFIGURATIONS THAT YOU SELECT. |
11. LIMITATION OF LIABILITY FURTHERMORE, IN NO EVENT WILL ehCanadaTravel.com's TOTAL, CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT RECEIVED BY ehCanadaTravel.com FROM YOU UNDER THIS AGREEMENT DURING THE THREE (3) MONTHS PRECEDING THE EVENTS OR CIRCUMSTANCES GIVING RISE TO LIABILITY, OR, IF SUCH LIABILITY ARISES FROM ANY PARTICULAR SERVICE(S), THEN ehCanadaTravel.com's LIABILITY WILL BE LIMITED TO THE FEES YOU HAVE PAID TO ehCanadaTravel.com FOR THE PARTICULAR SERVICE(S) DURING SUCH THREE-MONTH PERIOD. Without limiting the foregoing, ehCanadaTravel.com is not responsible for any of your data residing on ehCanadaTravel.com websites. You are responsible for backing-up your data and information that may reside on the ehCanadaTravel.com websites or Network, whether or not such information is produced through the use of the Service. |
12. INDEMNIFICATION You agree to indemnify, hold harmless, and (at ehCanadaTravel.com's request) defend ehCanadaTravel.com and its officers, directors, and representatives from and against any and all liability, damages, losses, costs, or expenses (including but not limited to attorneys' fees and expenses) incurred in connection with any claim related to (a) your breach of any term, condition, representation, warranty, or covenant in this Agreement; or (b) the information you supply to ehCanadaTravel.com, including your registration data. This obligation shall survive any termination of your relationship with ehCanadaTravel.com. |
13. SOLE AND EXCLUSIVE REMEDY This Agreement, along with ehCanadaTravel.com's other terms, conditions, and policies referenced herein, constitutes the entire agreement between you and ehCanadaTravel.com with respect to the Services. To the extent of any conflict between this Agreement and ehCanadaTravel.com's Website Terms of Use, the Website Terms of Use will govern your general use of ehCanadaTravel.com's website, and this Agreement will govern your use of the Services in particular. If any part of this Agreement is held to be unenforceable, that part will be amended to achieve its intended effect as nearly as possible, and the remainder of the Agreement will remain in full force. Failure or delay is due to circumstances beyond the party's reasonable control, including without limitation, acts of any governmental body or failure of the equipment. Except as provided otherwise herein, any notice given under this Agreement will be made in writing by email and will be effective (10) days after it is sent. You may not assign this Agreement, and any attempt to do so is void. You acknowledge that your account is part of the ehCanadaTravel.com network, and, consequently, you will receive periodic announcements and information regarding ehCanadaTravel.com's services. You may request to be removed from the network's news mailing list at any time. |
14. QUESTIONS Thank you for choosing ehCanadaTravel.com and ehCanadaTravel.com as your tourism advertising website. |
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