User Agreement

 

PLEASE READ THIS USER AGREEMENT AND THESE TERMS AND CONDITIONS CAREFULLY BEFORE BOOKING/PURCHASING ON THIS SITE.

GENERAL TERMS OF USE. By clicking the option “I have read, understood, and agree to the terms and conditions of the Travelcuts user agreement”, you acknowledge and agree to all of the terms and conditions for use of this site as well as to adhere to the rules pertaining to the use of this site. If you do not agree with or object to any part of the terms and conditions, you should not use this site. By your use, you waive any objection to any term or condition contained herein. Your use of this site is subject to the terms and conditions set out below, and all applicable international, federal, provincial and local laws and regulations. These terms and conditions limit and exclude our liability. Your legal recourse for liability arising from your use of this site will generally be limited to claims against third party service providers.

RISKS OF USE & WEB SITE DISCLAIMER. There are inherent risks in relying upon, using or retrieving any information found on the Internet, and Travelcuts urges you to make sure you understand these risks before relying upon, using or retrieving any such information.

The prices in this web site do not include Canadian departure taxes, HST and/or applicable foreign departure taxes (with the exception of prices quoted for departures from the Province of Quebec which do include all applicable taxes). Unless otherwise stated, prices are in Canadian dollars. Certain restrictions may apply; check for details.

Travelcuts Online, Inc. (herein, referred to as Travelcuts) makes arrangements with airlines, hotels, car rental agencies, tour operators, National Student Travel Bureaus and other independent parties, to provide travel services to its clients. Travelcuts endeavours to choose the most reputable suppliers and co-operators, but maintains no control over the personnel, equipment, operations or goods of the said suppliers and cannot be held responsible for their acts or omissions. The travel services are subject to the conditions imposed by these suppliers, and their liability may, in turn, be limited by their tariffs, conditions of carriage and international conventions and arrangements, and federal government regulations. Your purchase of travel involves an agreement between you and those who provide the services. You should verify any such conditions directly with each carrier or supplier of services. Detailed information regarding the air carrier or tour supplier, booking and cancellation conditions, applicable taxes, etc. are also available from Travelcuts. Please ensure you understand these conditions prior to making a travel commitment.

It is the responsibility of the user to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the site, or obtained from a linked site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.

Travelcuts reserves the right to correct any pricing errors on our website and/or on pending reservations made under an incorrect price. In such event, we will offer you the opportunity to keep your pending reservation at the correct price or, at your option, we will cancel your reservation without penalty.

Travelcuts reserves the right to cancel or alter any travel service herein presented, at its discretion. In the event that an acceptable alternative cannot be found, Travelcuts’ only liability will be to refund all monies paid as it cannot assume responsibility or liability for any claims, loss or delay, disappointment, distress or frustration, whether physical or mental, resulting from any act or omission by Travelcuts, their employees, or any person or persons collaborating with them.

Travelcuts is under no obligation to update any content on the site. Although care has been taken in preparing the information supplied on this web server, travelcuts does not and cannot guarantee the accuracy of it, therefore they cannot accept liability for errors, omission and inaccuracies.

OWNERSHIP AND COPYRIGHT/TRADEMARKS. This site, and each of its modules, together with the arrangement and compilation of the content found on this site, is the property of Travelcuts Online, Inc. “Travelcuts”. The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of Travelcuts and other parties. Where a page on this web site displays © Travelcuts, all rights are reserved. No part of these pages may be printed, reproduced, stored in a retrieval system or transmitted in any form or by any information storage and retrieval system not known or, hereafter, invented, without prior permission from Travelcuts.

Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of Travelcuts or such third party which may own the Marks. All information and content including any software programs available on or through the site (“Content”) is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the site for commercial or public purposes. Nothing contained on this site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Marks without the written permission of Travelcuts, or such other party that may own the Marks. You may not use any “robot,” “spider” or other automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data or content found on this site, in any case without the prior written permission of Travelcuts. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your use of this site.

USE OF SITE. Travelcuts grants you a limited, non-transferable license to use this site for personal, non-commercial use only in accordance with the terms and conditions of this User Agreement. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder. You may only use this site to make legitimate reservations or purchases and shall not use this site for any other purposes, including without limitation, to make any speculative, false or fraudulent reservation or any reservation in anticipation of demand. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of this site. You agree that you will not take any action that imposes a burden or load on our infrastructure that Travelcuts deems in its sole discretion to be unreasonable or disproportionate to the benefits Travelcuts obtains from your use of the site.

CHANGES TO SITE AND TERMS OF USE. Travelcuts may at any time modify these terms and conditions, and your continued use of this site will be subject to the terms and conditions in force at the time of your use. Travelcuts is under no obligation to update any content on the site. Travelcuts may change the content on the site at any time without notice. Travelcuts may make improvements or changes to the site at any time.

EXCLUSION OF WARRANTY. All content, products, and services on this site, or obtained from a linked site are provided to you “as is” without warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. Travelcuts and any third party providers and distributors do not warrant the accuracy, completeness, currency or reliability of any of the content or data found on this site or obtained from a linked site. Travelcuts does not endorse and is not responsible for (a) the accuracy or reliability of any opinion, advice or statement made through the site by any party other than Travelcuts; (b) any content provided on linked sites or; (c) the capabilities or reliability of any product or service obtained from a linked site. Neither Travelcuts nor any third party providers or distributors warrant that this site, its servers or any e-mail sent from Travelcuts are free of viruses or other harmful components. Travelcuts cannot and does not guarantee continuous, uninterrupted or secure access to the web site.

LIMITATION OF LIABILITY FOR USE OF SITE AND LINKED SITES. You agree that Travelcuts is a mere agent for the providers of services available through the site, including but not limited to travel services. The relationship between Travelcuts and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other. Except as required by statute or government regulation, Travelcuts shall not be liable for any loss or damage caused by a user’s reliance on information obtained through the site or a linked site, or user’s reliance on any product or service obtained from a linked site. Any and all claims regarding any failure or breach with respect to the services offered through the site are limited to claims against any and all service providers. Travelcuts hereby disclaims any liability, whether based in contract, tort, strict liability or otherwise, including without limitation liability for any direct, punitive, special, consequential, incidental or indirect damages, in connection with (i) any use of this site or content found herein, (ii) any failure or delay (including, but not limited to the use of or inability to use any component of this site for reservations or ticketing), or (iii) the performance or non performance by Travelcuts or any third party providers or distributors, including, but not limited to, non performance resulting from bankruptcy, reorganization, insolvency, dissolution or liquidation provided by any carrier or other supplier through the site, liability for any act, error, omission, injury, loss, accident, delay or irregularity which may be incurred through the fault, negligent or otherwise, of such carrier or supplier, lost profits, cost of procuring substitute service or lost opportunity arising out of or in connection with the use of the site or a linked site, or with the delay or inability to use the site or a linked site, even if Travelcuts is made aware of the possibility of such damages, and you hereby agree to exonerate and hold harmless Travelcuts, its affiliates and any of their respective officers, directors, employees, or agents from any liability with respect to the same. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect a user’s equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure.

MINIMUM AGE FOR USE AND LEGAL RESPONSIBILITIES. You represent that you are not a minor, are at least the age of majority and have legal capacity to use this site and to create binding legal obligations for any liability you may incur as a result of the use of this site. You understand that you are financially responsible for all uses of this site by you and those using your login information. If you use this site, you are responsible for maintaining the confidentiality of your account information and your password. You agree to accept responsibility for all activities that occur under your account or password.

PRIVACY AND MONITORING USE. The Travelcuts privacy policy states that Travelcuts and its affiliates undertake not to sell or rent users personal information to any outside party. Travelcuts may, from time to time, monitor and review any information transmitted or received through this site and reserves the right to censor, edit, remove or prohibit the transmission or receipt of any information that Travelcuts deems inappropriate or in violation of these terms and conditions. During monitoring, the information may be examined, recorded or copied, and your use of this site constitutes your consent to such monitoring and review. You agree that if you submit suggestions, ideas, comments or questions or post any other information on this site, you grant Travelcuts and its affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content in any form, media or technology. Travelcuts takes no responsibility and assumes no liability for any content posted or submitted by you.

INDEMNIFICATION. You shall defend and indemnify Travelcuts and its affiliates and any third party providers and distributors and their officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by third parties against us arising from your use of this site.

LINKED INTERNET SITES. This site may contain links to other Web sites which are provided solely as a convenience to you and not as an endorsement by travelcuts, its third party providers or distributors of the contents of such other Web sites. None of Travelcuts or any third party provider or distributor shall be responsible for the content of any other Web sites and make no representation or warranty regarding any other Web sites or the contents or materials on such Web sites. If you decide to access other Web sites, you do so at your own risk.

GOVERNING LAW. This Agreement and its performance shall be governed by the laws of the Province of Ontario, Canada without regard to its conflict of law’s provisions. You consent and submit to the exclusive jurisdiction of the provincial and federal courts located in the city of Toronto, the province of Ontario, Canada in all questions and controversies arising out of your use of this site and this Agreement.

LEGAL FEES. If Travelcuts or its affiliates take any action to enforce this User Agreement and these terms and conditions, such parties will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney’s fees and any cost of litigation, in addition to any other relief, at law or in equity, to which such parties may be entitled.

INJUNCTIVE RELIEF. You acknowledge that a violation or attempted violation of any of this User Agreement and these terms and conditions will cause such damage to Travelcuts as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that Travelcuts shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by you, or your affiliates, partners, or agents, as well as recover from You any and all costs and expenses sustained or incurred by Travelcuts in obtaining such an injunction, including, without limitation, reasonable attorney’s fees. You agree that no bond or other security shall be required in connection with such injunction.

TERMINATION. Travelcuts may terminate this User Agreement and these terms and conditions and/or the provision of any of the services at any time for any reason, including any improper use of this site or your failure to comply with these terms and conditions. Such termination shall not affect any right to relief to which Travelcuts and its third party providers and distributors may be entitled, at law or in equity. Upon termination of this User Agreement and these terms and conditions, all rights granted to you will terminate and revert to Travelcuts and its third party providers or distributors, as applicable.

ADDITIONAL TERMS. Additional terms and conditions may apply to reservations, purchases of goods and services and other uses of portions of this site, and you agree to abide by such other terms and conditions.

SEVERABILITY. These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

ENTIRE AGREEMENT. This User Agreement, together with any terms and conditions incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this site.