Terms of Service

Welcome to Discover Canada. Please read these Terms of Service ("Terms", "Terms of Service") carefully before using our website operated by Discover Canada ("us", "we", "our"). These Terms govern your access to and use of our website, including any content, functionality, and services offered on or through our website.

By accessing or using our website, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our website.

1. Use of Our Website

1.1 Eligibility

You must be at least 18 years old to use our website or have the permission and supervision of a parent or guardian.

1.2 User Account

If you create an account on our website, you are responsible for:

• Maintaining the confidentiality of your account and password
• Restricting access to your computer or device
• All activities that occur under your account

You agree to notify us immediately of any unauthorized access to or use of your account. We reserve the right to terminate accounts, remove or edit content, or cancel orders at our sole discretion.

1.3 Prohibited Uses

You agree not to use our website:

• In any way that violates applicable laws or regulations
• To transmit or procure the sending of any advertising or promotional material without our prior consent
• To impersonate or attempt to impersonate our company, employees, another user, or any other person
• To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the website
• To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the website, the server on which the website is stored, or any server, computer, or database connected to the website
• To attack the website via a denial-of-service attack or a distributed denial-of-service attack
• To use any robot, spider, or other automatic device, process, or means to access the website for any purpose

2. Intellectual Property Rights

2.1 Website Content

The website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Discover Canada, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

2.2 Limited License

We grant you a personal, non-exclusive, non-transferable, revocable license to access and use our website for personal, non-commercial purposes in accordance with these Terms. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our website, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials
• You may store files that are automatically cached by your Web browser for display enhancement purposes
• You may print one copy of a reasonable number of pages of the website for your own personal, non-commercial use and not for further reproduction, publication, or distribution
• If we provide social media features with certain content, you may take such actions as are enabled by such features

2.3 Trademarks

The Discover Canada name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Discover Canada or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this website are the trademarks of their respective owners.

3. User Contributions

3.1 User Content

Our website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features that allow users to post, submit, publish, display, or transmit content or materials to other users or other persons (collectively, "User Contributions").

3.2 User Contribution Standards

All User Contributions must comply with the content standards set out in these Terms. User Contributions must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property rights of any other person
• Violate the legal rights of others or contain any material that could give rise to any civil or criminal liability
• Be likely to deceive any person
• Promote any illegal activity, or advocate, promote, or assist any unlawful act
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization
• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising

3.3 License to User Contributions

By providing any User Contribution to our website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a perpetual, irrevocable, royalty-free license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

4. Third-Party Content and Links

Our website may contain links to third-party websites or services that are not owned or controlled by Discover Canada. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Discover Canada shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

5. Disclaimer of Warranties

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

NEITHER DISCOVER CANADA NOR ANY PERSON ASSOCIATED WITH DISCOVER CANADA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE.

6. Limitation of Liability

IN NO EVENT WILL DISCOVER CANADA, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

7. Indemnification

You agree to defend, indemnify, and hold harmless Discover Canada, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the website.

8. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the website shall be instituted exclusively in the courts of the Province of Ontario, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country.

9. Waiver and Severability

No waiver by Discover Canada of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Discover Canada to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

10. Changes to Terms of Service

We may revise and update these Terms from time to time at our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the website thereafter. Your continued use of the website following the posting of revised Terms means that you accept and agree to the changes.

11. Contact Information

Questions about the Terms of Service should be sent to us at:

Discover Canada
123 Maple Street
Toronto, ON M5V 2A8
Canada
Email: [email protected]
Phone: +1 (416) 555-7890

This document was last updated on March 1, 2023.