Last Updated: May 1, 2023
Welcome to Explore Canada ("we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of our website, tyaguchaya-kambala.com (the "Site"), and any services, information, and content provided through the Site (collectively, the "Services").
Please read these Terms carefully before using our Services. By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy.
By accessing or using our Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms and to abide by all of the terms and conditions set forth herein. If you do not agree with all of these Terms, you are prohibited from using our Services and must discontinue use immediately.
You must be at least 18 years of age or the age of legal majority in your jurisdiction (whichever is greater) to use our Services. By using our Services, you represent and warrant that you meet this requirement.
If you are using our Services on behalf of a company, organization, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms, in which case "you" will refer to that entity.
To access certain features of our Services, you may be required to register for an account. When you register, you agree to provide accurate, current, and complete information about yourself and to update this information as necessary to maintain its accuracy.
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
We reserve the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, false, or misleading, or if you violate any provision of these Terms.
When you book a tour through our Services, you agree to provide complete and accurate information for all travelers, including names as they appear on government-issued identification, contact information, and any special requirements or conditions.
A booking is confirmed only after we send you a written confirmation and you have made the required deposit or full payment.
All prices are quoted in Canadian Dollars (CAD) unless otherwise specified. Prices are subject to change until your booking is confirmed.
Payment options and terms will be provided during the booking process. You agree to pay all fees and charges specified when you make a booking.
If your payment is declined or returned, we reserve the right to cancel your booking and charge any applicable cancellation fees.
Prices may not include all applicable taxes, fees, or surcharges unless explicitly stated. You are responsible for paying all applicable taxes, government fees, and surcharges associated with your booking.
Cancellation policies vary by tour and will be provided during the booking process. Generally, cancellations made:
All cancellation requests must be submitted in writing to our customer service department.
We reserve the right to cancel a tour for any reason, including insufficient participation or force majeure events. In such cases, we will offer you the option of:
We are not responsible for any incidental expenses or consequential losses that you may incur as a result of a tour cancellation, such as non-refundable airline tickets, visa fees, or other travel arrangements not made through us.
If you need to change your booking (e.g., dates, accommodation, or participant details), please contact us as soon as possible. Changes are subject to availability and may incur additional fees.
When using our Services, you agree not to:
Our Services and all content, features, and functionality, including but not limited to text, graphics, logos, icons, images, audio and video clips, digital downloads, data compilations, and software, are owned by us, our licensors, or other providers and are protected by copyright, trademark, and other intellectual property laws.
You may not use, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, or transmit any of the material on our Services without our express prior written consent.
When you post, upload, submit, or otherwise make available any content through our Services (e.g., reviews, comments, or photos), you grant us a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media.
You represent and warrant that you own or have the necessary rights to submit your content and that it does not violate any third party's intellectual property rights or other rights.
YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OUR SERVICES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING OUR SERVICES DURING THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM.
You agree to indemnify, defend, and hold harmless us, our affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or relating to:
We reserve the right to terminate or suspend your access to our Services, without prior notice or liability, for any reason, including but not limited to a breach of these Terms.
Upon termination, your right to use our Services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
We may modify these Terms at any time by posting the revised terms on our Site. Your continued use of our Services after the posting of revised Terms constitutes your acceptance of the changes.
It is your responsibility to check our Site periodically for changes to these Terms.
These Terms shall be governed by and construed in accordance with the laws of the Province of British Columbia, Canada, without regard to its conflict of law provisions.
Any dispute arising out of or relating to these Terms or our Services shall be resolved exclusively through final and binding arbitration in Vancouver, British Columbia, Canada, unless we mutually agree to a different location. The arbitration shall be conducted by a single arbitrator in accordance with the rules of the Canadian Arbitration Association.
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
These Terms, together with our Privacy Policy and any additional terms or policies referenced herein, constitute the entire agreement between you and us regarding your use of our Services.
Our failure to enforce any right or provision of these Terms shall not be considered a waiver of those rights. No waiver of any right or provision shall be effective unless explicitly stated in writing by us.
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt to assign or transfer these Terms without such consent will be null and void.
If you have any questions, concerns, or feedback regarding these Terms, please contact us at:
Explore Canada
123 Maple Street, Vancouver, BC V6B 1A9, Canada
Email: [email protected]
Phone: +1 (604) 555-7890