Agreement to Terms
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and zen tundra ("we," "us," or "our"), concerning your access to and use of the zen-tundra.com website as well as any related services.
You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Use. If you do not agree with all of these Terms of Use, then you are expressly prohibited from using the Site and you must discontinue use immediately.
Intellectual Property Rights
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us.
The Content and the Marks are provided on the Site "AS IS" for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
User Representations
By using the Site, you represent and warrant that:
- All information you submit will be true, accurate, current, and complete
- You will maintain the accuracy of such information and promptly update such information as necessary
- You have the legal capacity and you agree to comply with these Terms of Use
- You are not a minor in the jurisdiction in which you reside
- You will not access the Site through automated or non-human means, whether through a bot, script, or otherwise
- You will not use the Site for any illegal or unauthorized purpose
- Your use of the Site will not violate any applicable law or regulation
Services and Pricing
We offer various travel planning and consultation services as described on our Site. All prices are listed in Canadian Dollars (CAD) and are subject to change without notice. We reserve the right to modify or discontinue any service at any time without notice.
Payment for services must be made in advance through our accepted payment methods. All sales are final unless otherwise stated in the specific service description or required by applicable law.
Limitation of Liability
In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the site or services, even if we have been advised of the possibility of such damages.
Our services provide travel-related information and recommendations for general guidance purposes only. We do not guarantee specific results, savings, or outcomes. Travel conditions, prices, and availability are subject to change. You are responsible for verifying all information and making your own informed decisions.
Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of your use of the Site or breach of these Terms of Use.
User Data
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site.
Electronic Communications
By using the Site and providing your email address, you consent to receive electronic communications from us. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing.
Governing Law
These Terms shall be governed by and defined following the laws of the Province of Ontario and the federal laws of Canada applicable therein. zen tundra and yourself irrevocably consent that the courts of Ontario shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Terms.
Dispute Resolution
Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall first be attempted to be resolved through good faith negotiations between the parties. If the dispute cannot be resolved through negotiations within thirty (30) days, either party may pursue resolution through the appropriate courts as specified above.
Severability
If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.
Changes to Terms
We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Terms of Use, and you waive any right to receive specific notice of each such change.
Contact Us
If you have any questions about these Terms of Use, please contact us at:
zen tundra
147 Spadina Avenue, Suite 302
Toronto, Ontario M5V 2L7
Canada
Email: [email protected]