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Bear Mountain Resort, Victoria, BC, Canada

Terms and Conditions

Updated and Posted - Jan 2019
You are entering into a legally binding agreement, read the following terms and conditions carefully.

In these Website Terms: “Pacific Links”, “we”, “our”, “us” and similar terms refer to Pacific Links International, with a registered office located at c/o Pacific Links Canada Services Inc., 255 Duncan Mill Road, Suite 307, Toronto, Ontario, Canada M3B 3H9; “Website” refers to our website and mobile applications, including without limitation www.pacificlinks.com; and “you”, “your” and similar terms refer to all visitors and/or users who access the Website.

1. OWNERSHIP OF CONTENT

1.1. Ownership: Except as noted herein, the Website and all of its content, including, but not limited to, its software or HTML code, scripts, text, artwork, photographs, images, video, and audio (collectively, the "Content" ) are our exclusive property. The Content is protected by copyright laws and other Canadian and international laws and treaties.

2. WEBSITE ACCESS AND TERMS

2.1. Website access: Access to the Website is entirely at our sole discretion and may be withdrawn at any time and from time to time without notice or compensation. Subject to the terms of these Website Terms, you may access the Website. Some areas of the Website may be restricted and/or only accessed by persons having a valid personal account (“Account”) with us. In opening an Account you agree to be bound by the Account Terms and Conditions, which are incorporated into these Website Terms.

2.2. Acceptance of terms: By accessing any part of the Website, you indicate that you accept these Website Terms.

2.3. Revision of terms: We may revise these Website Terms at any time and without notice. You agree (i) to check the Website regularly to review the current Website Terms and (ii) your continued use of the Website indicates your acceptance of the then current Website Terms.

2.4. Responsibility: You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your Internet connection are aware of these Website Terms and that they comply with them.

2.5. Website availability: While we try to ensure the Website is normally available twenty four (24) hours a day, we do not undertake any obligation to do so, and we will not be liable to you or any other party if the Website is unavailable at any time or for any period.

2.6. Suspension of access: Access to the Website may be suspended temporarily or permanently at any time and without notice or compensation.

2.7. Information security: The transmission of information via the Internet is not completely secure. Although we take the steps required by law to protect your information, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk.

3. YOUR STATUS

3.1. Capacity and age: By accessing the Website, you warrant that:

3.1.1. You are legally capable of entering into binding contracts;

3.1.2. You are at least 18 years old; and

3.1.3. You are not based in Cuba, Iran, North Korea, Syria, or any other country that is subject to a Canadian or U.S. government embargo, or that has been designated by the Canadian or U.S. governments as a “terrorist-supporting” country.

4. TRANSACTING BUSINESS THROUGH THE WEBSITE

4.1. Ability to transact business through the Website: Only persons who have opened an Account and whose Account remains in good standing and who agree to these Website Terms are permitted to transact business with us through the Website.

4.2. Subject to additional terms and conditions: Any business transacted through this Website may be subject to additional terms and conditions provided by us to you, including without limitation terms and conditions related to applicable consumer protection laws. In such an event, such additional terms and conditions shall be incorporated and deemed to be incorporated into these Website Terms.

5. LICENCE

5.1. Terms of permitted use: You are permitted to use the Website and print and download extracts from the Website for your own personal non-commercial use on the following basis:

5.1.1. This Website shall be used solely to market, promote and facilitate a relationship with us.

5.1.2. You must not misuse the Website (including by hacking or "scraping").

5.1.3. Unless otherwise stated, the trademarks, copyright and other intellectual property rights in the Content are owned by us or our other licensors. No ownership rights whatsoever and except as expressly provided for herein, no other rights in the Content are provided to you. These works are protected by copyright laws, trademark laws, and other intellectual property laws and treaties, both in Canada and around the world and all rights therein are reserved. For the purposes of these Website Terms, any use of extracts from the Website other than in accordance with section 5.1 is prohibited.

5.1.4. You must not modify the digital or paper copies of any materials that you print off in accordance with section 5.1 and you must not use any pictures, photographs or any other graphics, video or audio sequences separately from any accompanying text.

5.1.5. You must ensure that our status as the owner of the material on the Website is always acknowledged.

5.1.6. You are not allowed to use any of the Content for commercial purposes without obtaining a licence from us to do so.

5.2. Limitation on use: Except as stated in section 5.1, the Website may not be used, and no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service, without our prior written permission.

5.3. Reservation of rights: Any rights not expressly granted in these Website Terms are strictly reserved.

5.4. Copyright Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. In operating the Website and services, we may act as a “service provider” (as that term is defined by the Digital Millennium Copyright Act and as similarly contemplated under the Copyright Act (Canada)) and offer services as an online provider of materials and links to third-party websites. As a result, third-party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the Website or Service. We have adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on our rights or the rights of a third party, or that has otherwise violated any intellectual property laws or regulations or any of these Terms and Conditions. We reserve the right to remove any content contained in or posted to the Website or Service that we determine in our sole discretion does or may allegedly infringe another person or entity’s copyright, trademark, celebrity material or other rights. Notices to us regarding any alleged infringement on the Website should be directed to us at privacy@PacificLinks.com. To submit an infringement notification, you must be the copyright or trademark owner or celebrity or an authorized agent of the copyright or trademark owner or celebrity, and must provide us the following information:

5.4.1. Identification of the copyrighted work, trademark or other intellectual property that you claim has been infringed (e.g., a link to your original work or clear description of the materials allegedly being infringed upon);

5.4.2. Identification of the infringing material and information reasonably sufficient to permit us to locate the material on the Website or Service;

5.4.3. For notifications or trademark or trade dress infringement;

5.4.4. A copy of the relevant trademark or trade dress registration(s) from the Canadian Intellectual Property Officer, U.S. Patent and Trademark Office or other applicable regulatory authority;

5.4.5. Description of the confusion (e.g., passing off as your company, including specific descriptions of content or behavior)

5.4.6. Your address, telephone number, and email address;

5.4.7. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;

5.4.8. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf; and

5.4.9. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.

With respect to claims of copyright infringement, we will respond expeditiously, investigate the material claimed to be infringing and will follow the procedures specified in the applicable legislation to resolve the claim between the notifying party and the alleged infringer who provided the content. Please be aware that under applicable legislation, you may be liable for any damages, including costs and attorneys’ fees incurred by us or our users, if you knowingly materially misrepresent that material or activity is infringing. If you are unsure whether the material you are reporting is, in fact, infringing, you may wish to contact an attorney before filing a notification with us.

Our response to notices of alleged infringement may include the removal or restriction of access to the allegedly infringing material. If we remove or restrict access to user content in response to a notice of alleged infringement, We will make a good faith effort to contact the affected account holder with information concerning the removal or restriction of access, along with instructions for filing a counter-notification (as applicable).

6. VISITOR MATERIAL

6.1. General:

6.1.1. Other than personally identifiable information, which is covered under our Privacy Policy, which is incorporated in these Website Terms, any material you post, upload or transmit or upload to the Website ("Visitor Material") will be considered non-confidential and non-proprietary. By posting, uploading or transmitting any Visitor Material, you warrant and represent that you own or otherwise have all necessary intellectual property and moral rights in and to such Visitor Material including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Visitor Material to the Website. Furthermore, you hereby grant us a non-exclusive, royalty-free, perpetual, irrevocable, transferable license to use, refrain from using, remove, reproduce, modify, edit, copy, adapt, publish, translate, create derivative works from, distribute, transmit, perform, display and otherwise use the Visitor Material, in whole or in part, worldwide in all manner and media whether now known or later developed, without any compensation whatsoever. If requested, you shall provide waivers in favor of us with respect to any and all moral rights in the Visitor Materials held by any individuals who may be authors of such Visitor Materials.

6.1.2. You represent and warrant that that any Visitor Material you post, upload or transmit does not and will not breach any of the restrictions in sections 6.2 to 6.3 below.

6.2. Visitor Material Policy: You are prohibited from posting, uploading or transmitting to or from the Website any Visitor Material (including any Reviews) that:

6.2.1. breaches any applicable local, national or international law;

6.2.2. is unlawful or fraudulent;

6.2.3. amounts to unauthorised advertising; or

6.2.4. contains viruses or any other harmful programs.

6.3. Visitor Reviews Policy: In particular (but without limitation), any Visitor Materials that you submit through the Website must not:

6.3.1. contain any defamatory, obscene or offensive material;

6.3.2. promote violence or discrimination;

6.3.3. infringe the intellectual property rights of another person;

6.3.4. breach any legal duty owed to a third party (such as a duty of confidence);

6.3.5. promote illegal activity or invade another’s privacy;

6.3.6. give the impression that they originate from us; or

6.3.7. be used to impersonate another person or to misrepresent your affiliation with another person.

6.4. Removal of Reviews: The prohibited acts listed in sections 6.2 and 6.3 above are non-exhaustive. We reserve the right (but do not undertake, except as required by law, any obligation) and have the sole discretion to remove or edit at any time any Visitor Material posted, uploaded or transmitted to the Website.

6.5. Use of Visitor Materials: The Visitor Material, if any, contained on the Website is for information purposes only and do not constitute advice from us. Visitor Material reflect the opinions of third parties, and any statements, advice or opinions provided by such persons are theirs only. Accordingly, to the fullest extent permitted by law, we assume no responsibility or liability to any person for any Visitor Material, including without limitation any mistakes, defamation, obscenity, omissions or falsehoods that you may encounter in any such materials.

6.6. Liability: You agree to indemnify us against any losses, damages and claims (and all related costs) incurred by or made against us by a third party arising out of or in connection with any Visitor Material that you provide in breach of any of the representations and warranties, agreements or restrictions set forth in this section 6.

6.7. Disclosure to authorities and courts: You acknowledge that we will fully co-operate with any competent authority requesting or directing us to disclose the identity or location of anyone posting any Visitor Material in breach of sections 6.2 and 6.3 or any other applicable restriction and you release us to the fullest extent permitted by law from all liability in relation to such disclosure.

7. LINKS TO AND FROM OTHER WEBSITES

7.1. Third party websites: Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed and do not control any of these third party websites (and are not responsible for these websites or their content or availability). We do not endorse or make any representation about these websites, their content, or the results from using such websites or content. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.

7.2. Linking permission: You may link to the Website’s homepage (www.pacificlinks.com), provided that:

7.2.1. you do so in a fair and legal way which does not damage or take advantage of our reputation;

7.2.2. you do not establish a link from a website that is not owned by you or in a way that suggests a form of association with or endorsement by us where none exists;

7.2.3. any website from which you link must comply with the content standards set out in these Website Terms, including without limitation section 6; and

7.2.4. we have the right to withdraw linking permission at any time at our sole discretion.

8. DISCLAIMERS

8.1. Website information: While we try to ensure that the Content is correct at the time of posting, we do not promise and make no warranty whatsoever that it is accurate or complete. We may make changes to the Content, at any time without notice. The Content may be out of date, and we make no commitment whatsoever to update such material.

The Content is believed to be reliable when posted; however, we do not guarantee the quality, accuracy, completeness, or timeliness of the Content. THE USE OF THE WEBSITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE CONTENT IS PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, IN ANY CONNECTION WITH THE CONTENT, ANY BUSINESS TRANSACTED THROUGH THE WEBSITE OR ANY WEBSITE OR CONTENTS WITH WHICH THE WEBSITE IS LINKED.

WE DO NOT WARRANT THAT THE WEBSITE OR ANY WEBSITE TO WHICH THE WEB SITE IS LINKED WILL BE AVAILABLE AT ANY PARTICULAR TIME, WILL BE PROVIDED IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR WILL BE CORRECTED IF FOUND TO BE DEFECTIVE. WE RESERVE THE RIGHT TO MODIFY AND/OR DISCONTINUE THE WEB STE AT ANY TIME WITHOUT NOTICE OR ANY COMPENSATION.

IN ADDITION, WE DO NOT WARRANT THAT THE WEBSITE WILL WORK WITH ANY PARTICULAR HARDWARE OR SOFTWARE SYSTEMS OR CONFIGURATIONS OR IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

FINALLY, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF, OR THE RESULTS OF THE CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS OR OTHERWISE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF THE CONTENT RESTS WITH YOU AND YOU ASSUME THE ENTIRE RISKS RELATED THERETO. IF YOUR USE OF THE WEB SITE RESULTS IN THE NEED FOR SERVICING, UPDATING OR REPLACING YOUR EQUIPMENT OR SOFTWARE, YOU ARE SOLELY RESPONSIBLE FOR THOSE COSTS.

SOME JURISDICTIONS MAY NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES AND THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU SOLELY TO THE EXTENT PROHIBITED.

8.2. Exclusion of terms: We provide you with access to the Content on the basis that, to the maximum extent permitted by law, we exclude all representations, warranties, conditions, undertakings and other terms in relation to the Content (including any representations, warranties, conditions, undertakings and other terms which might otherwise apply to the Content, or be otherwise implied or incorporated into these Website Terms, by statute, common law or otherwise).

9. LIABILITY

9.1. General: You agree that you are accessing the Content “as is” and at your own risk.

9.2. Exclusion of liability: You agree that under no circumstance whatsoever will we be liable to you or any third party, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if damages were foreseeable, arising under or in connection with the Content or a relationship between you and us (including the use, inability to use or the results of use of the Content) for any claim or loss whatsoever, including without limitation:

9.2.1. any personal claim, damages, harm, or loss whatsoever;

9.2.2. any loss of profits, sales, business, or revenue;

9.2.3. loss or corruption of data, information or software;

9.2.4. loss of business opportunity;

9.2.5. loss of anticipated savings;

9.2.6. loss of goodwill; or

9.2.7. any indirect or consequential loss.

9.3. Limitation of liability: Subject to sections 8, 9.1 and 9.2, if a court of competent jurisdiction makes a binding determination that we are liable to you, you agree that our total liability to you in respect of any losses arising under or in connection with the Content or any relationship between you and us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the lower of: (i) twice your direct cost; or (ii) $100 (Canadian currency).

9.4. Additional costs: You assume full and sole responsibility for any additional or associated costs that you may incur in connection with or as a result of your use of the Website, including without limitation costs relating to the servicing, repair or adaptation of any equipment, software or data that you may own, lease, license or otherwise use.

9.5. Indemnity: You agree to defend, indemnify and hold us and our directors, officers, employees, agents and affiliates harmless from and against any loss, liability, threatened or actual claim, demand, damages, costs and expenses, including reasonable legal fees, arising out of or in connection with your breach of these Website Terms or your violation of any law or the rights of any third party with respect to the Content or any relationship between you and us. We reserve the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate as fully as reasonably required by us.

10. TERMINATION

10.1. Termination: We may terminate or suspend (at our absolute discretion) your right to use the Content at our sole discretion at any time and from time to time without notice or any compensation whatsoever.

10.2. Obligations upon termination: Upon termination or suspension you must immediately destroy any downloaded or printed extracts of the Content.

11. WRITTEN COMMUNICATIONS

11.1. Applicable laws may require that some of the information or communications we send to you should be in writing. When using the Content or transacting business or communication through the Website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

12. EVENTS OUTSIDE OUR CONTROL

12.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Website Terms that are caused by events outside our reasonable control ("Force Majeure Event").

12.2. A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

12.2.1. strikes, lock-outs or other industrial action;

12.2.2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

12.2.3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

12.2.4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

12.2.5. impossibility of the use of public or private telecommunications networks; and

12.2.6. the acts, decrees, legislation, regulations or restrictions of any government.

12.3. Our performance under these Website Terms is deemed to be suspended for the period that any Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period.

13. ADDITIONAL TERMS

13.1. Privacy Policy: We are committed to protecting your privacy and security. All personal data that we collect from you will be processed in accordance with our Privacy Policy, which is incorporated in these Website Terms. By using the Website you agree that you have reviewed and accepted our Privacy Policy.

13.2. Severability: If any of these Website Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

13.3. Entire agreement: These Website Terms and any document expressly referred to in them constitute the whole agreement between you and us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.

13.4. No waiver: Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Website Terms will not be interpreted as a waiver of your or our rights or remedies.

13.5. Assignment: You may not transfer any of your rights or obligations under these Website Terms without our prior written consent. We may transfer any of our rights or obligations under these Website Terms without your prior written consent.

13.6. Headings: The headings in these Website Terms are included for convenience only and shall not affect their interpretation.

13.7. Language: Where we may provide you with a translation of the English language version of these Website Terms or any other documentation, you agree that the translation may be provided solely for your convenience and that the English language versions of the Website Terms and any other documentation will govern the Website Terms and your relationship with us. The parties have required that the Website Terms and all related documents be drawn up in English. Les parties ont demandé que ces modalités et conditions ainsi que tous les documents qui s'y rattachent soient rédigés en Anglais.

13.8. Governing Law and Jurisdiction: These Website 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. Disputes or claims arising in connection with these Website Terms (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of the Province of Ontario located in Toronto, Ontario, Canada.

Date of Website Terms: January 16, 2019