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Terms of Service

Last Updated: November 20, 2023

Welcome to Discover Canada. Please read these Terms of Service ("Terms") carefully as they contain important information about your legal rights, remedies, and obligations. By accessing or using the Discover Canada website, you agree to comply with and be bound by these Terms.

1. Acceptance of Terms

By accessing or using our website, you agree to these Terms and our Privacy Policy. If you do not agree to these Terms, please do not use our website.

2. Changes to Terms

We may modify these Terms at any time. We will provide notice of any material changes by posting the updated Terms on this page and updating the "Last Updated" date. Your continued use of our website after any changes indicates your acceptance of the modified Terms.

3. Using Our Website

3.1 Eligibility

You must be at least 13 years old to use our website. If you are under 18, you must have your parent or guardian's permission to use our website.

3.2 Account Registration

Some features of our website may require you to register for an account. When you register, you agree to provide accurate and complete information and to keep this information current. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.3 Prohibited Activities

When using our website, you agree not to:

  • Violate any applicable laws or regulations
  • Infringe on the rights of others, including intellectual property rights
  • Use our website to transmit any harmful code or malware
  • Interfere with or disrupt the operation of our website
  • Attempt to gain unauthorized access to any part of our website
  • Use automated means to access or collect data from our website without our prior consent
  • Impersonate any person or entity or misrepresent your affiliation with a person or entity
  • Use our website for any illegal or unauthorized purpose

4. Content

4.1 Our Content

Our website contains content owned by Discover Canada or its licensors, including text, images, graphics, logos, videos, and software ("Our Content"). Our Content is protected by copyright, trademark, and other intellectual property laws. You may access and use Our Content for personal, non-commercial purposes only.

4.2 User Content

You may be able to submit content to our website, such as reviews, comments, or feedback ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in any media.

You represent and warrant that:

  • You own or have the necessary rights to the User Content you submit
  • The User Content does not infringe on the rights of any third party
  • The User Content complies with these Terms and all applicable laws

4.3 Content Guidelines

User Content must not:

  • Be defamatory, obscene, offensive, hateful, or inflammatory
  • Promote discrimination, violence, or illegal activities
  • Infringe on anyone's intellectual property rights
  • Contain personal information about others without their consent
  • Be likely to deceive, mislead, or impersonate anyone
  • Be made in breach of any legal obligation owed to a third party

We reserve the right to remove any User Content at our sole discretion.

5. Third-Party Links and Services

Our website may contain links to third-party websites or services that are not owned or controlled by Discover Canada. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Discover Canada 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 any such content, goods, or services available on or through any such websites or services.

6. Bookings and Reservations

If you make any bookings or reservations through our website, additional terms and conditions may apply. These will be presented to you at the time of booking. All bookings are subject to availability and confirmation.

7. Disclaimer of Warranties

OUR WEBSITE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

DISCOVER CANADA DOES NOT WARRANT THAT: (1) OUR WEBSITE WILL FUNCTION UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (2) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (3) OUR WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) THE RESULTS OF USING OUR WEBSITE WILL MEET YOUR REQUIREMENTS.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DISCOVER CANADA, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (1) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE OUR WEBSITE; (2) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON OUR WEBSITE; (3) ANY CONTENT OBTAINED FROM OUR WEBSITE; AND (4) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

9. Indemnification

You agree to defend, indemnify, and hold harmless Discover Canada and its licensees, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of our website, including, but not limited to, your User Content and any use of Our Content other than as expressly authorized in these Terms.

10. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to its conflict of law provisions.

11. Dispute Resolution

Any dispute arising out of or relating to these Terms or our website shall be resolved by binding arbitration in accordance with the rules of the ADR Institute of Canada. The arbitration shall be conducted in Toronto, Ontario, and the judgment of the arbitrator may be entered in any court having jurisdiction thereof.

12. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.

13. Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Discover Canada regarding our website and supersede all prior agreements and understandings, whether written or oral.

14. Contact Information

If you have any questions about these Terms, please contact us at:

Discover Canada
250 Yonge Street, Suite 2200
Toronto, ON M5B 2L7
Canada
[email protected]
+1 (416) 555-1234
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Discover Canada is your trusted guide to exploring the natural beauty, vibrant cities, and rich cultural heritage of the Great White North.

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