Posting Date: May 25, 2018
Effective Date: May 25, 2018
Travelpro® Terms of Service
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Posting Date: May 25, 2018
Effective Date: May 25, 2018
Travelpro® Terms of Service
TRAVELPRO.CA TERMS AND CONDITIONS OF USE
Welcome to the TP-Holiday Group Limited (Holiday Group) website, namely travelpro.ca (the “Site”). The Site is provided as a service to our customers. Please review the following terms and conditions of use, including an Arbitration Agreement, which govern your use of the Site (the “Agreement”).
YOUR USE OF THE SITE CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THE AGREEMENT. WE RESERVE THE RIGHT TO UPDATE OR MODIFY THIS AGREEMENT AT ANY TIME WITHOUT PRIOR NOTICE. FOR THIS REASON, WE ENCOURAGE YOU TO REVIEW THE AGREEMENT WHENEVER YOU USE ANY OF THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SITE.
1. Site Transactions
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. We currently limit Site purchases from, and shipments to, addresses located within Canada. Please use our “Where to Buy” feature to locate international and other online sellers of Holiday Group products.
2. Right to Change Site
We reserve the right, at any time in our sole discretion, to modify, suspend or discontinue the Site or any service, content, feature, or product offered through the Site, with or without notice and/or offer opportunities to some or all users of the Site. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Site.
3. Site Content
Unless otherwise noted, the Site, and all features and materials on the Site, including text, images, illustrations, designs, icons, photographs, video clips and other content, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the "Content"), are owned, controlled or licensed by Holiday Group and/or its Affiliates, and other trademarks appearing on the Site are the trademarks of Holiday Group and/or its Affiliates.
The Site and the Content are intended solely for personal, non-commercial use. You may download or copy the Content and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Content or the Site.
Unless otherwise specified, the Site and the Content are intended to promote Holiday Group’s products and services available in Canada. The Site is controlled and operated by Holiday Group from its offices located at 4875 Boulevard Des Grand Prairies, Montreal, Quebec, H1R 1X4.
4. Product Description
At Holiday Group we provide the most accurate information on the Site as possible. However, we do not warrant that product descriptions or other content on the Site is accurate, complete, reliable, current or error-free. Many products displayed on the Site are available in select stores in Canada and, in some cases, select foreign markets. The prices displayed on the Site are quoted in Canadian Dollars.
Certain products are available exclusively online through the Site. These products may have limited quantities and are subject to return or exchange only through the Site according to the applicable return policy.
5. Where to Buy/Store Locator
When using the “Where to Buy” feature on the Site, the information is current as of the time and date shown in the search results but is not guaranteed to be accurate and the item you are seeking may no longer be available when you visit the store or website. The actual in-store price of an item may vary between stores and may be different from the online price for the same item. We are not responsible for any errors in the operation of or the information provided by the “Where to Buy” feature.
6. Errors, Inaccuracies, and Omissions
Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order) with the contract of sale.
7. User Comments, Feedback, and Other Submissions
Holiday Group is pleased to hear from users and welcomes your comments regarding our products and services. Holiday Group’s longstanding company policy does not allow us to accept or to consider creative ideas, suggestions, proposals, plans, or other materials other than those we have specifically requested. We hope that you will understand that the intent of this policy is to avoid the possibility of future misunderstandings when projects developed by Holiday Group's employees and agents might seem to be similar to creative works submitted by users. Accordingly, while we value your feedback, we must ask that you do not send creative ideas, suggestions, proposals, plans, or other materials for our business. If, at our request, you send certain specific submissions (for example, contest entries, customer reviews or photographs) or without a request from us you send creative ideas, suggestions, customer reviews, photographs, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "Comments"), you agree that Holiday Group may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to Holiday Group is and shall be under no obligation
(1) to maintain any Comments in confidence;
(2) to pay compensation for any Comments; or
(3) to respond to any Comments.
Holiday Group has the right but not the obligation to monitor and edit or remove any Comments. You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Holiday Group or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. Holiday Group takes no responsibility and assumes no liability for any Comments posted by you or any third party.
8. Personal Information Submitted Through the Site
9. Online Conduct
The Site and social media pages are intended to be used only for lawful purposes. You are prohibited from posting on or transmitting through the Site or our social media pages any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, indecent, scandalous, profane, bigoted or hateful, libelous, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, provincial, national, or international law. In addition, you may not engage in any activity on the Site or our social media pages that restricts or inhibits any other user from using or enjoying the Site or our social media pages by means of "hacking," "cracking," "spoofing," or disabling or defacing any portion of the Site or our social media pages.
If Holiday Group is notified of allegedly defamatory, damaging, illegal, or offensive content provided by a user, Holiday Group may investigate the allegation and determine, at its sole discretion, whether to remove or request the removal of such content from the Site or our social media pages. Holiday Group may disclose any content or electronic communication of any kind: (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site or our social media pages; or (iii) to protect the rights or property of Holiday Group its users or third party service providers.
Holiday Group reserves the right to prohibit conduct, communication, or content that it deems, in its sole discretion, to be harmful to individual users, Holiday Group, the communities that make up Holiday Group, any rights of Holiday Group or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither Holiday Group nor its providers can ensure prompt removal of questionable content after online posting. Accordingly, neither Holiday Group, nor its Affiliates, nor any of their officers, directors, employees, or agents, nor providers shall assume liability for any action or inaction with respect to conduct, communication, or content on Holiday Group
Holiday Group may terminate your access, or suspend your access to all or part of Holiday Group, without notice, for any conduct that Holiday Group, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another user, a third-party provider, a service provider, or Holiday Group.
10. Prohibited Material
You may not post or transmit through the Site or our social media pages: advertising or commercial solicitations; promotional materials relating to websites or online services which are competitive with Holiday Group and/or the Site; software or other materials that contain so-called viruses, worms, time bombs, Trojan horses, or other harmful or disruptive components; political campaign materials; chain letters; mass mailings; spam mail; material protected by copyright, trademark or any other proprietary right; any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site or the Content; or posts that express or imply that any statements you make are endorsed by Holiday Group Additionally, you may not harvest or collect information about Site visitors without their express consent.
Holiday Group or its representatives have the right, but not the obligation, to monitor the Content of the Site or our social media pages to determine compliance with this Agreement. We retain our right to and with our sole discretion, edit, refuse to post or remove any material that we find to be in violation of these conditions or that is otherwise objectionable or offensive. This same discretion applies to our right of disclosure of any material submitted to the Site and circumstances surrounding their submission to any third party in order to operate the Site properly and to protect our sponsors, our visitors, and ourselves and to comply with our legal obligations and government requests.
12. Copyright Complaints
Holiday Group respects the intellectual property of others. If you believe that your work has been copied in any way that constitutes copyright infringement, please provide Holiday Group's copyright agent the written information specified below:
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description where the material that you claim is infringing is located on the site;
• Your address, telephone number, and e-mail address;
• 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;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Holiday Group's Copyright Agent for notice of claims of copyright infringement on the Holiday Group Site can be reached as follows:
ATTN: Copyright Agent
Please note that this procedure is exclusively for notifying Holiday Group and its affiliates that your copyrighted material has been infringed.
13. Contest and Giveaway
From time to time, we may offer and/or co-sponsor contests, sweepstakes, and games on the Site. Each of these activities shall be governed by specific rules accessible from the pages of the Site offering the event or promotion.
14. Third Party Websites
The Site may contain links to other websites. If you link to another website, you will leave the Site and this Agreement will not apply to your use of, and activities on, those other websites. We encourage you to read the legal notices posted on those other websites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, those websites.
You acknowledge and agree that we have no responsibility for the accuracy or availability of information provided by websites to which you may link from the Site (“Linked Sites”). Links to Linked Sites do not constitute an endorsement by or association with us of such Linked Sites or the content, products, advertising or other materials presented on such Linked Sites. We do not author, edit, or monitor these Linked Sites. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such Linked Sites.
You agree to defend, indemnify, and hold harmless Holiday Group, its Affiliates, third party service providers, and their respective directors, officers, employees, owners, licensors, licensees, and agents from and against all claims, damages, losses, costs and expenses, including reasonable attorneys' fees, arising out of a breach of this Agreement by you and/or your activities in connection with the Site or any services related to the Site. We may participate in the defense of any claim. You shall not settle any claim that affects Holiday Group without our prior written approval.
THE SITE IS PROVIDED BY HOLIDAY GROUP ON AN "AS IS" AND "AS AVAILABLE" BASIS. HOLIDAY GROUP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, HOLIDAY GROUP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME PROVINCES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. THIS DISCLAIMER DOES NOT APPLY TO ANY EXPRESS PRODUCT WARRANTY OFFERED BY HOLIDAY GROUP WITH REGARD TO CERTAIN PRODUCTS SOLD THROUGH THE SITE.
HOLIDAY GROUP WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL PUNITIVE AND CONSEQUENTIAL DAMAGES.
HOLIDAY GROUP, ITS AFFILIATES, AND AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE CONTENT, INFORMATION OR OTHER MATERIALS LOCATED ON ANY OF THE SITE.
YOU UNDERSTAND AND AGREE THAT HOLIDAY GROUP IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THIRD PARTY APPLICATIONS OR PRODUCTS OR SERVICES ADVERTISED ON OR THROUGH THE SITE. AS WITH ANY PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM HOLIDAY GROUP SHALL CREATE ANY WARRANTY ON BEHALF OF HOLIDAY GROUP IN THIS REGARD. SOME ASPECTS OF THIS SECTION MAY NOT APPLY IN SOME JURISDICTIONS IF PROHIBITED BY APPLICABLE LAW.
THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
17. Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL HOLIDAY GROUP OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF HOLIDAY GROUP HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT WILL HOLIDAY GROUP BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
Nothing in the Agreements removes or limits Holiday Group’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence. Some aspects of this section may not apply in some jurisdictions if prohibited by applicable law.
The provisions of this Agreement are intended to be severable. If for any reason any provision of this Agreement shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
19. Applicable Law
This Agreement is governed by and shall be construed in accordance with the laws of the Province of Ontario and the laws of Canada, the principal place of business of Holiday Group without giving effect to any principles of conflicts of law. You agree to bring any claims against Holiday Group, exclusively in the courts of the City of Toronto in the Province of Ontario.
20. Class Action Waiver
WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND HOLIDAY GROUP AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Holiday Group agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
If you are located in, are based in, have offices in, or do business in a jurisdiction in which this Section (ARBITRATION) is enforceable, the following mandatory arbitration provisions apply to you:
A. Dispute Resolution and Arbitration
You and Holiday Group agree that any dispute, claim, or controversy between you and Holiday Group arising in connection with or relating in any way to these Agreements or to your relationship with Holiday Group as a user of the Site (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Agreements) will be determined by mandatory binding individual arbitration. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of the Agreements.
Notwithstanding the foregoing clause (Dispute Resolution and Arbitration) above, you and Holiday Group both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (1) bring an individual action in an Ontario small claims court, (2) pursue enforcement actions through applicable Canadian federal, provincial, or local agencies where such actions are available, (3) seek injunctive relief in a court of law, or (4) to file suit in a court of law to address intellectual property infringement claims.
C. Arbitration rules
Either you or we may start arbitration proceedings. If you are located in, are based in, have offices in, or do business in Canada, any arbitration between you and Holiday Group will be finally settled under the Arbitration Rules of the Canadian Arbitration Association (“CAA”) then in force (the “CAA Rules”), as modified by the Agreements. The CAA Rules, as well as instructions on how to file an arbitration proceeding with the CAA, appear at canadianarbitrationassociation.ca, or you may call the CAA at 1-800-856-5154. Holiday Group can also help put you in touch with the CAA.
Any arbitration hearings will take place at a location to be agreed upon in Toronto, Ontario, provided that if the claim is for $10,000 CAD or less, you may choose whether the arbitration will be conducted (1) solely on the basis of documents submitted to the arbitrator; (2) through a non-appearance based telephonic hearing; or (3) by an in-person hearing as established by the CAA Rules in the county (or parish) of your billing address.
Your arbitration fees and your share of arbitrator compensation will be limited to those fees set forth on the CAA website with the remainder paid by Holiday Group. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous, vexatious or abusive (as set forth in the Ontario Rules of Civil Procedure), then the payment of all fees will be governed by the CAA Rules. In such case, you agree to reimburse Holiday Group for all monies previously disbursed by it that are otherwise your obligation to pay under the CAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within fourteen (14) days of the arbitrator’s ruling on the merits.
If you are not located in, are not based in, do not have offices in, and do not do business in Canada, any arbitration between you and Holiday Group will be finally settled under the Rules of Arbitration of the International Chamber of Commerce (the “ICC”) then in force (the “ICC Rules”) by one or more arbitrators appointed in accordance with the ICC Rules, as modified by this Agreement, and will be administered by the International Court of Arbitration of the ICC.
Any arbitration will be conducted in the English language and unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, the law to be applied in any arbitration shall be the law of the Province of Ontario, Canada, without regard to choice or conflicts of law principles.
D. Time for filing
Any arbitration must be commenced by filing a demand for arbitration within TWO (2) YEARS after the date the party asserting the claim first knows or reasonably should know of the act, omission, or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a two-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.
E. Notice; Process
A party who intends to seek arbitration must first send a written notice of the dispute to the other, by Registered Mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail ("Notice"). Holiday Group's address for Notice is: TP-Holiday Group Limited, Attn: Corporate Counsel / CFO, 4875 boul. Des Grandes Prairies, Montreal, Quebec, Canada H1R 1X4. The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within thirty (30) days after the Notice is received, you or Holiday Group may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Holiday Group shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of arbitrator’s decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law. Except as required to enforce the arbitrator’s decision and award, neither you nor Holiday Group shall make any public announcement or public comment or originate any publicity concerning the arbitration, including, but not limited to, the fact that the parties are in dispute, the existence of the arbitration, or any decision or award of the arbitrator.
In the event that Holiday Group makes any future change to this arbitration provision (other than a change to Holiday Group's address for Notice), you may reject any such change by sending us written notice within thirty (30) days of the change to Holiday Group's address for Notice, in which case your account with Holiday Group shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject, shall survive.
If the class action waiver set forth above is found to be unenforceable in arbitration or if the entirety of the provisions regarding arbitration and dispute resolution are found to be unenforceable, then the entirety of such provisions shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 19 shall govern any action arising out of or related to the Agreements.
22. Contact us
If you have any questions concerning the Holiday Group Site or the Agreements, please contact Holiday Group customer service by visiting the About US section of our website.
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