Welcome to our website, Travelsmarts.ca (the "Site"). TravelSmarts Luggage & Accessories Inc. provides products and services to website visitors (“You” or “Your”) subject to the notices, terms and conditions set forth in this agreement (the "Agreement"). Except where stated otherwise, the terms "TravelSmarts", “TravelSmarts Luggage & Accessories”, “TravelSmarts Luggage & Accessories Inc.”, “We”, “Us”, “Our” used on this website and in this Agreement shall be deemed to include TravelSmarts Luggage & Accessories Inc. and its affiliates, subsidiaries, assigns and successors. By purchasing or using our products and/or services, You will be subject to the rules, policies, terms and conditions applicable to these products and/or services incorporated into this Agreement. We reserve the right to change this Site and these terms and conditions at any time. If You do not agree to this Agreement, You are to discontinue use of the Site.
USE OF SITE
By using this Site, You signify that You have read, understand and agree to be bound by this Agreement, whether or not You are a registered member of the website. You are only authorized to use the Site (regardless of whether Your access or use is intended) if You agree to abide by all applicable laws and to this Agreement. Your use of the Site is subject to the most current version of the Terms posted on the Website at the time of such use. We grant You a limited, revocable, non-transferable and non-exclusive licence to access and use the Site only for personal and non-commercial purposes and not on behalf of any third party, except as permitted by us in advance. You may not for commercial or personal purposes copy, upload to, distribute, publicly display, perform, modify or otherwise publish from this Site any graphics, text, videos, images and software information, or other material (collectively, "Content"), that violates or infringes, patents, copyrights, trademarks, trade secrets, service marks or other proprietary rights of anyone, is libelous, threatening, obscene, indecent, defamatory, pornographic, or could give rise to any civil or criminal liability under law, or includes any viruses, worms, trap doors, bugs, Trojan horses or other harmful code or properties. You may not remove any copyright and other proprietary notices. You must abide by all applicable laws and comply with all requirements in this Agreement. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to You.
INTELLECTUAL PROPERTY
All graphics, text, logos, images, video clips and software (collectively, "Content") included on this Site is the property of TravelSmarts or its content suppliers and is protected by Canadian and international copyright laws. The collection, assembly and arrangement of all Content on this Site (the "Compilation") belongs exclusively to TravelSmarts or its affiliates or its suppliers. All software used on this Site (the "Software") is the property of TravelSmarts, its affiliates or its suppliers. The Content, the Compilation and the Software are all protected by law. Travelsmarts.ca's logos, tag lines, trade names or words are registered trademarks, trademarks or service marks of TravelSmarts, its affiliates, suppliers, or third parties. The use of any of our trademarks or service marks without our written consent is strictly prohibited. You may not use our trademarks or service marks in any manner that discredits us. You may not use our trademarks or service marks in connection with any product or service in any way that will cause confusion. You may not use any of our trademarks or service marks in meta tags without our consent. Use, reproduction or distribution of Content stored or available through this Site may violate copyright, trademarks, patents or other intellectual property rights or applicable laws. The compilation of all content on this Site is the exclusive property of Travelsmarts and is protected by law. If You breach any of these Terms, Your authorization to use this Site terminates and You must immediately destroy any downloaded or printed materials or any other materials derived from this Site. By accessing this Site, You agree to grant to TravelSmarts a non-exclusive, royalty-free, worldwide, perpetual license with the right to sublicence, reproduce, distribute, create, transmit works of, publicly display any materials and other information, suggestions or ideas You submit or post to the Website in any way. You agree that You shall have no recourse against TravelSmarts for any actual or alleged infringement or misappropriation of any proprietary right in Your communications to TravelSmarts.
YOUR ACCOUNT
We may assign You a password and account identification to enable You to access and use certain portions of this Site. If You use this site, You are responsible for maintaining the confidentiality of Your password and account. As well, You are responsible for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your account or password. Each time You use a password or identification, You will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement. We have no obligation to investigate the authorization or source of any such access or use of the Site. You are responsible for all access to and use of this Site by anyone using the password and identification originally assigned to You whether or not such access to and use of this Site is authorized by You, including, without limitation, all communications and transmissions and all obligations including without limitation financial obligations incurred through such access or use. You are responsible for protecting the security and confidentiality of the password and identification assigned to You. You shall immediately notify us of any unauthorized use of Your password or identification or any other breach or threatened breach of this Site's security. We reserve the right to refuse service, remove or edit content, terminate accounts or cancel orders.
PRODUCT DESCRIPTIONS
We attempt to be as accurate as possible but we do not warrant that product descriptions or other content of this Site as accurate, current, reliable, complete, or free of errors. Product descriptions on this Site are that of the suppliers. If a product offered on the Site is not as described, please return it in unused condition. We reserve the right to limit quantities. Content provided on this Site is for informational use only. It is Your responsibility to consult a licensed physician or qualified health care professional for diagnosis, advice, and/or treatment of any health-related condition. All prices are in Canadian dollars. If a product listed on the Site has incorrect error in pricing, we have the right to refuse or cancel orders placed for the product listed with an incorrect price. We have the right to refuse or cancel any such orders whether or not the order has been confirmed and Your credit card charged. If Your credit card has already been charged for the purchase and Your order has been cancelled, we will issue a credit to Your credit card in the amount of the charge.
REVIEWS & COMMENTS
Except as otherwise provided elsewhere in this Agreement or on the Site, anything that You submit or post to the Site and/or provide us, including without limitation, reviews, comments, ideas, techniques, questions and suggestions (collectively, "Submissions") is and will be treated as non-confidential and nonproprietary, and we shall have the royalty-free, perpetual, worldwide, irrevocable and transferable right to use, display, publish, copy, sell, perform, lease, distribute, transmit, adapt, create derivative works from such Submissions in any form, and to modify, translate, disassemble or reverse-engineer such Submissions. All Submissions shall automatically become our exclusive property and shall not be returned to You. In addition to the rights applicable to any Submission, when You post reviews or comments to the Site, You also grant us the right to use the name that You submit with any comment, review, or other Content, if any, in connection with such comment, review or other content. It is prohibited to use the Site for promotional purposes. Is it prohibited to use the Site to harass, embarrass, threaten, abuse or cause distress, unwanted attention, to anyone or any entity. Comments, questions or reviews that are profane, hateful, racially or ethnically offensive, or otherwise objectionable are prohibited. Any comment, review, question or conduct that is repeated after warning or notification is given that such conduct is unwelcome constitutes harassment. You represent and warrant that You own or otherwise control all of the rights to the reviews, comments and other Content that You post on this Site and that use of Your reviews, comments, or other Content by us will not infringe upon or violate the rights of any third party. You shall not falsify your identity, use a false e-mail address, or mislead us or third parties as to the origin of any Content or Submissions. We may, but shall not be obligated to, remove or edit any Submissions for any reason.
DISPUTES
Any dispute relating in any way to Your visit to the Site or to the products You purchase through the Site shall be submitted to arbitration in Burnaby, British Columbia, except that to the extent You have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any court in the British Columbia. You consent to, and waive all defenses of lack of personal jurisdiction and forum non convenience regarding jurisdiction and venue in the courts of British Columbia. The arbitrator's award shall be final and binding, and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Site or this Agreement must be filed within one year after such claim or cause of action arose or be forever banned.
DISCLAIMER AND LIMITATION OF LIABILITY
Except as otherwise provided in the terms of sale of each product on this Site, the products sold on this Site and the transactions done through this Site are provided by us on an "as is" basis. We make no warranties or representations express or implied regarding the operation of the Site or the information, materials, content or products included on this Site. We disclaim all warranties, express or implied including but not limited to implied warranties of merchantability for a particular purpose, non-infringement, quiet enjoyment, data accuracy, title and system integration. This Site may include inaccuracies or typographical errors and we do not warrant that the content is error-free. We will not be liable for any damage of any kind arising from the use of this Site, including but not limited to indirect, incidental, special, exemplary, punitive or consequential damages.
OTHER CONDITIONS
You are not permitted to reproduce, display, sell, distribute, translate, lease, transmit, create derivative works from, disassemble, modify, reverse-engineer or otherwise exploit this Site or any portion of it unless permitted by us in writing. You may not make any commercial use of any of the information on the Site or make any use of the Site for the benefit of another business unless permitted by us. We reserve the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests. In no event will TravelSmarts be liable to the customer for any special, direct, indirect consequential, incidental exemplary or punitive damages, losses, injury, costs or expenses of any nature related to any product.
