OVERVIEW
This website, www.visitkingston.ca (the “Website”) is operated by Tourism Kingston, a non-profit corporation incorporated pursuant to the laws of Ontario, Canada (referred to herein as “we”, “us” and/or “our”). These Terms of Service (the “Terms of Service” or “Terms”) apply to the Website, including all information, tools, external links to other websites or webpages, content, and services available from the Website from time to time.
By visiting our Website and/ or purchasing any goods and/or services from us (any of the foregoing, a “Service”), you agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink, including our Refund Policy, Privacy Policy and Shipping Policy, each of which is incorporated herein by reference. These Terms of Service apply to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our Website or any Service. By accessing or using any part of this Website or any Service, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of these Terms, then you may not access the Website or use any services.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service (and any other of our policies referred to herein) by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website or any Service following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on a platform operated by Shopify Inc. Shopify Inc. provides us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 – ONLINE STORE TERMS
You represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Website. You may not use any Service for any illegal or unauthorized purpose nor may you, in the use of any Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms may result in an immediate termination of your use or access to any Service.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse access to this Website or use of any Services to anyone for any reason at any time (including the right to disable or terminate any account, webpage, access, subscription, user name, password or other identifier, whether chosen by you or us in our sole discretion). You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of any Service, use of the Service, or access to the Service or any contact on the Website through which any Service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this Website is not accurate, complete or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Website is at your own risk. This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.
SECTION 4 – MODIFICATIONS TO ANY SERVICE AND PRICES
Prices for our products and services are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only according to our Refund Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your device’s display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case, product-by-product or service-by-service basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Website is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card or payment method, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made through the Website. You agree to promptly update your account and other
information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools or Services offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
You may link to our homepage at www.visitkingston.ca or any webpage available through this Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. This Website must not be framed on any other site, nor may you create a link to any part of the Website other than as set forth above without our prior written permission. We reserve the right to withdraw linking permissions contained in these Terms without notice and for any reason in our sole discretion. You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments’”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your
Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Website, any Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. For more detail, please review our Privacy Policy
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Website or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, discounts, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Website, in connection with any Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Website or in connection with any Service or on any related website, including without limitation, pricing information, except as required by applicable law. No specified update or refresh date applied in the Website, in connection with any Service or on any related website, should be taken to indicate that all information on the Website, in connection with any Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES; INTELLECTUAL PROPERTY RIGHTS
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website, any Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Website, any Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Website, any Service or any related website for violating any of the prohibited uses.
You understand and agree that the Website and its contents, features and functionality, including but not limited to all information, software, code, text, displays, marks, trade marks, trade names, graphics, photographs, video, audio, design, presentation, selection and arrangement, are owned by us or our licensors and are protected in all forms by applicable intellectual property laws including, without limitation, copyright, trademark, patent, trade secret and any other proprietary rights. Use of any such property, except as expressly authorized, shall constitute a violation of the rights of the property owner and may be a violation of federal or other laws and could subject the violator to legal action. Further,
you hereby unconditionally and irrevocably grant (and agree to further grant) to us an assignment, transfer and conveyance of all right, title and interest in and to all derivatives, modifications and customizations whatsoever of the Website (whether created by us or you, alone or jointly, with one another or others), including all intellectual property rights relating thereto and you waive all moral rights in the same in favour of us. You may only use the Website for your personal and non-commercial use.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY We do not guarantee, represent or warrant that your use of our Website or any Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Website or any Service will be accurate or reliable. You agree that from time to time we may remove access or restrict use of the Website and any Service for indefinite periods of time or cancel any Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, this Website or any Service is at your sole risk. The Website and all Services delivered to you through the Website are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including, without limitation, any implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
IN NO CASE SHALL WE, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, EXPENSE, CLAIM OF ANY KIND, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE WEBSITE, ANY SERVICE OR ANY PRODUCTS PROCURED THROUGH THE WEBSITE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE, ANY SERVICE OR ANY PRODUCT MADE AVAILABLE THROUGH YOUR USE OF THE WEBSITE OR ANY SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
To the maximum extent permitted by applicable law, you agree to indemnify, defend and hold us and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees harmless from any claim or demand, including reasonable legal and professional fees and disbursements, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Website. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – FORCE MAJEURE
To the extent that we are delayed in the performance of our obligations to deliver any goods or services which we have agreed to provide to you through your use of the Website and such delay is attributable to any act of God, supplier delays, flood, fire, earthquake, explosion, war, invasion, terrorist threats or acts, civil unrest or riot, government order or law, national or regional emergency, pandemic, famine, disease, strikes, labour stoppage, shortage of adequate power or other similar events beyond the reasonable control of that party (a “Force Majeure Event”), then such party shall not be deemed to be in default or in breach of their obligations and all obligations pursuant to these Terms (except for any obligation to make payments to us) shall be suspended for the duration of the Force Majeure Event. The party impacted by the Force Majeure Event shall nevertheless send written notice to the other party of the existence of a Force Majeure Event, shall use diligent efforts to end such party’s delay and shall ensure the effects of the Force Majeure Event are minimized. The party impacted by the Force Majeure Event shall resume the performance of their obligations as soon as reasonably practicable after the conclusion of the Force Majeure Event.
SECTION 18 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this Website or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service and the Website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 19 – GOVERNING LAW
This Website and any Service and the Terms will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle or rule and without regard to your domicile, residence or physical location. Any action or proceeding arising out of or relating to this Website or any Service provided by us through your use of this Website shall be instituted in the courts of the province of Ontario, and you and we hereby irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding, except to the extent required to enforce an order in any other jurisdiction.
SECTION 20 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 21 – CONTACT INFORMATION Questions about the Terms of Service should be sent to us at brookep@tourismkingston.com.
