|
1. AGREEMENT
Welcome to the UGOTRAVEL ™ Web site (hereinafter "UGOTRAVELBIZ," "Company" or the "Site").
A UGOBIZ INC. COMPANY
By using this Site, you agree to be bound by, and to
comply with, these Terms and Conditions unless offer
terms that are accepted in writing by Company. You agree
to comply with any rules and regulations posted on the
Site regarding any Products, Services, and UGOTRAVEL
travel
partners. All such rules and regulations posted
are hereby incorporated by reference into these Terms
and Conditions. If you are dissatisfied with the Site,
its content or Terms or Conditions or other legal
notices, you may offer feed back or suggestions as UGOTRAVEL and it's
travel
partners are very interested in
customer satisfaction, Should there be an issue that can
not be solved between UGOTRAVEL, it's travel
partners and
you the customer, UGOTRAVEL will maintain a running
account of the issues so that there maybe be policy's
and checks put in place to prevent the occurrence again.
PLEASE NOTE: UGOTRAVEL dose reserve the right, at our
sole discretion, to change, modify or otherwise alter
these Terms and Conditions at any time. Please review
these Terms and Conditions periodically. Your continued
use of the Site following the posting of changes and/or
modifications will constitute your acceptance of the
revised Terms and Conditions. Whether or not you
actually reviewed them.
The paragraphs below will address issues, including
but not limited to:
Please read these terms carefully because they
contain legal obligations.
2. PRIVACY POLICY
Please review our Privacy Policy , which also governs
your visit to this Site, to understand our practices.
3. COMMUNICATIONS
When you visit the UGOTRAVEL, to purchase products or
services through the UGOTRAVEL Site or our travel
partners, or contact our customer service department, you
are communicating with us electronically. We will also
communicate with you via email or by posting updates on
the Site. By using the UGOTRAVEL Site and it's travel
partners, you hereby agree that all agreements,
disclosures and other communications that the UGOTRAVEL
and it's travel
partners provide to you electronically
satisfy any customer satisfaction or legal requirement,
and that such communication is to be in writing.
The UGOTRAVEL welcomes your feedback about the Site.
However, any comments, ideas, notes, messages,
suggestions or other communications sent to the Site
shall be and remain the exclusive property of Company,
and we may use all such communications in any manner,
including reproducing, disclosing and publishing such
communications, as property of the UGOTRAVEL.
4. CHILD OR THIRD PARTY POLICY
The UGOTRAVEL does not intend the Site to be used by
individuals under the age of 18 (a "Minor") without the
a parent or guardian 18 years of age or older. The UGOTRAVEL relies upon Parent/Guardians to determine if any
content or items available on the Site is inappropriate
for the viewing of such Minors, and access or purchase
by such Minors. If a Customer is a Minor, he/she may use
the The UGOTRAVEL Site only under the direct supervision
of a Parent/Guardian. If you are making a purchase on
behalf of a Minor you except full responsibility for the
purchase. If you are making a purchase on behalf of a
business or third party through the Site you must have
the authority to bind them to these Site Terms and
Conditions, other wise you assume all responsibility for
the purchase.
By entering any information on The UGOTRAVEL Site and
or it's travel
partners, you represent that:
- you are at least 18 years of age or are using
the site under the direct supervision of a
Parent/Guardian.
- you are using your actual identity.
- you have provided only true, accurate, current
and complete information.
- your billing address and phone number you
provide will be the address and phone number your
credit card bank has on file for you.
- you will maintain and promptly update the
information that you provide to keep it true,
accurate, current and complete.
- you are not using the Site for any improper
purpose. If you provide any information that is
untrue, inaccurate, not current or incomplete, or we
have reasonable grounds to suspect that such
information is untrue, inaccurate, not current or
incomplete, we may suspend or terminate your account
and refuse any and all current and future use of the
Site.
5. CONFIRMING, CANCELING & CHANGING YOUR
ORDERS AND/OR MEMBERSHIP
For orders that have already been processed the UGOTRAVEL has no ability to refund and or cancel the
processed transaction between you and the partner store.
The UGOTRAVEL is there for absolved of all refund and
replacement options, and all customer satisfaction
concerns based on the purchase of a product or service
provided by a partner store. The customer satisfaction
and policy's of the partner stores will remain the
primary conflict resolution process. Should the
issue still not be resolved the UGOTRAVEL will open it's
own investigation to determine if there needs to be
further changes to existing partner stores.
6. TERMS OF LIMITED WARRANTY
In addition the UGOTRAVEL dose not Warrant or
Guarantee, to the original customer purchasing such
products directly from partner stores that all such
products sold will be held directly between the customer
and the the partner store. Any claim with respect to
such products where the purchaser seeks a refund of the
purchase price must be made directly to the partner
store.
7. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF
THE SITE IS AT YOUR SOLE RISK AND THAT THE PRODUCTS AND
SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. THIS DOSE NOT COVER ACTS OF NATURE OR THIRD
PARTIES.
EXCEPT AS EXPRESSLY PROVIDED HEREIN WE EXPRESSLY
DISCLAIM ALL WARRANTIES OF ANY THE SITE, ITS SERVERS, OR
E-MAILS SENT FROM OR ON BEHALF OF UGOTRAVEL AND IT'S
PARTNER STORES ARE FREE OF VIRUSES, SCRIPTS, TROJAN
HORSES, WORMS OR OTHER HARMFUL COMPONENTS.
ANY PRODUCTS PURCHASED, MATERIAL DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE
AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR
PRINTERS THAT RESULTS FROM YOUR USE OF THIS SITE, OUR
PRODUCTS OR OPENING ANY EMAIL SENT BY US. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM US OR THROUGH OR FROM THE SITE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND
CONDITIONS.
EXCEPT AS EXPRESSLY STATED HEREIN WE MAKE NO WARRANTY
THAT: (i) ANY PRODUCT OR SERVICE WILL MEET YOUR
REQUIREMENTS; (ii) ANY PRODUCT OR SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY PRODUCT
OR SERVICE WILL BE ACCURATE OR RELIABLE: (iv) THE
QUALITY OF ANY PRODUCT, SERVICE, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH ANY
PRODUCT OR SERVICE WILL MEET YOUR EXPECTATIONS; OR (v)
ANY DEFECTS WILL BE CORRECTED.
8. PRODUCT DESCRIPTION, TYPOGRAPHICAL ERRORS,
THIRD PARTY SITES
The UGOTRAVEL attempts to be as accurate as possible
with our product descriptions. However, the UGOTRAVEL
does not warrant that products or service descriptions
or other content of this site is accurate, complete,
reliable, current, or error-free. The UGOTRAVEL dose not
make representations based on the accuracy of the
travel
partners nor dose the UGOTRAVEL have any clause
that excludes all orders of products or services are
subject to prevailing law, including, as appropriate,
export and import regulations and boycotting
restrictions, if any, imposed by governing bodies having
jurisdiction over such orders, products or services. You
should note that product comparisons do not imply that
all products compared are available, or in the case of
functional equivalency, that performance or other
characteristics are exactly comparable.
In the event a product or service is listed at an
incorrect price due to typographical error or error in
pricing information received from the UGOTRAVEL travel
partners, the issues is to be resolved directly between
the customer and the partner store.
The UGOTRAVEL is not responsible for the content of
any sites that may be linked to or from this Site. These
links are provided for your convenience only and you
access them at your own risk. Any other web site
accessed from this Site is independent from the UGOTRAVEL, and the UGOTRAVEL has no control over the content
of that other web site. In addition, a link to any other
web site does not imply that the UGOTRAVEL endorses or
accepts any responsibility for the content or use of
such other web site. In no event shall any reference to
any third party or third party product or service be
construed as an approval or endorsement by the UGOTRAVEL
of that third party or of any product or service
provided by a third party.
9. MODIFICATIONS TO THE STORE
The UGOTRAVEL reserves the right to modify, suspend
or discontinue any Product, Service or Promotion in our
sole discretion without prior notice. The UGOTRAVEL
reserve the right to reject any travel
partners as dose
any travel
partners reserve the right to discontinue with
the UGOTRAVEL, without giving any reason. As such the UGOTRAVEL dose not make representations or Guarantee
that the UGOTRAVEL will always have the same products or
services.
10. CUSTOMRE CONDUCT
You agree not to access or attempt to access the
non-public areas of the Site or any other user's
password-protected information or impersonate any person
or entity or otherwise falsely state or misrepresent
your affiliation with a person or entity. Your agree
that you will not infringe on all products and services
or facilitate infringement on any copyright, patent,
trademark, trade secret, or other proprietary,
publicity, or privacy rights (collectively "Rights") of
any party, including the Rights of third-parties; or
contain or promote any viruses, Trojan horses, worms,
time bombs or other computer programming or code that is
designed or intended to damage, destroy, intercept,
download, interfere, manipulate, or otherwise interrupt
or expropriate the Site, data, personal information,
software, equipment, servers or content or facilitate or
promote hacking or similar conduct. We may elect to
electronically monitor areas of the Site and may
disclose any content, records, or electronic
communication of any kind to satisfy any law,
regulation, or government request if such
disclosure is necessary or appropriate.
11. LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT EXCEPT AS EXPRESSLY SET
FORTH HEREIN OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,
SUPPLIERS OR ANY OTHER PARTY INVOLVED IN CREATING,
PRODUCING, TRANSMITTING, OR DISTRIBUTING THE SITE OR
RELATED PRODUCTS OR SERVICES (COLLECTIVELY THE "UGOBIZ,
INC. UMBRELLA") SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES
FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) YOUR
USE OR INABILITY TO USE THE SITE OR OUR PRODUCTS; (ii)
THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES
PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY
THIRD PARTY ON THE SITE; (v) OR ACTS OF NATURE, FORCES,
OR CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING,
WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER
EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT OR OTHER
EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES,
LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL
DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES,
FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR,
GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN
COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES,
OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR
CONDITIONING or (vi) ANY OTHER MATTER RELATING TO THE
SITE HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY
(INCLUDING NEGLIGENCE). IN NO EVENT SHALL OUR TOTAL
LIABILTY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF
ACTION.
THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING
ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
12. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, OUR LIABILITY IN SUCH JURISDICTION SHALL BE
LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
13. INDEMNITY
By using the Site web sites you agree to indemnify
UGOTRAVEL and the UGOBIZ, Inc. Umbrella and hold them
harmless from any and all claims and expenses, including
(without limitation) attorney's fees, arising from your
use of the Site web sites, your use of the Products and
Services, or your submission of ideas and/or related
materials to UGOTRAVEL or from any person's use of any
ID, membership or password you maintain with any portion
of the Site, regardless of whether such use is
authorized by you.
14. COPYRIGHT AND TRADEMARK NOTICE
ugotravel.ca, ugotravelbiz.com/ca © 2005, UGOBIZ, Inc. All rights
reserved. UGOTRAVEL™ is a trademark of UGOBIZ, Inc.
Except as expressly provided, nothing within the Site
shall be construed as conferring any license under our
or any third party's intellectual property rights,
whether by implication, waiver, or otherwise. Without
limiting the generality of the foregoing, you
acknowledge and agree that all content available through
and used to operate the Site and its services is
protected by copyright, trademark, patent, or other
proprietary rights of UGOTRAVEL and its affiliates,
licensors, and service providers. You agree not to: (a)
modify, alter, or deface any of the trademarks, service
marks, trade dress (collectively "Trademarks") or other
intellectual property made available by us in connection
with the Site; (b) hold yourself out as in any way
sponsored by, affiliated with, or endorsed by us, or any
of our affiliates or service providers; (c) use any of
the Trademarks or other content accessible through the
Site for any purpose other than the purpose for which we
have made it available to you; (d) defame or disparage
us, our Trademarks, or any aspect of the Site; and (e)
adapt, translate, modify, decompile, disassemble, or
reverse engineer the Site or any software or programs
used in connection with it or its Products and Services.
Links to the Site without UGOTRAVEL's express written
permission are strictly prohibited. The framing,
mirroring, scraping or data mining of the Site or any of
its content in any form and by any method is expressly
prohibited.
15. ASSIGNMENT.
Customer may not assign its rights or obligations
hereunder without the express prior written consent of
Company. This agreement shall be binding upon the heirs,
successors and assigns of the parties hereto.
Updated 07/22/06 |