Last updated on March 11, 2022.
This website, www.kootenaylifeandleisure.ca (“Site”) is owned and operated by Kootenay Life and Leisure, a business operating under the laws of British Columbia, Canada. In these Terms, “Company”, “we”, “us” and “our” refer to Kootenay Life and Leisure and the terms “you” or “your” refer to any individual user of our Site.
NOTICE: These Terms contains important information regarding your rights and obligations, as well as conditions, limitations and exclusions that might apply to you. Please read it carefully.
You may not order or obtain products or services from this Site if you (i) do not agree to these Terms, (ii) are not the age of majority in your province, state or territory of residence; or (iii) are prohibited from accessing or using this Site or any of our Site’s contents, products or services by applicable law.
These Terms apply to your use of our Site and/or the purchase and sale of products through our Site. These terms are subject to change by us at any time, and without notice to you. Any changes to these Terms will be in effect as of the “Last Updated Date” above, and your continued use of our Site will constitute your acceptance of and agreement to such changes.
You understand that unfortunately, the transmission of information via the internet is not completely secure. Although we make commercially reasonable efforts to protect your information, we cannot guarantee the security of your personal information transmitted to our Site. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on our Site.
If at any time you are required to create a username and password to access our Site, it is your responsibility to protect your username and password from theft or any other means of unauthorized use that would violate these Terms. If you become aware that your password has been compromised or your account has been breached, it is your responsibility to notify us immediately by sending an email to firstname.lastname@example.org.
Use of Third-Party Applications
You acknowledge that we have no duty of confidentiality to you, unless otherwise explicitly stated, such as in a subsequent client agreement, or as may be mandated by law or fiduciary duty.
Your Communication with Us
By submitting a comment, photo, video or other materials to our Site or any other platform owned or maintained by us, you grant us a non-revocable, commercial license to re-publish your submission, in whole or in part, unless you expressly state that we may not do so. You acknowledge that we have no duty of privacy or confidentiality to you by accessing our Site.
We maintain the right to republish any communication or submission, in whole or in part, as reasonably necessary in the course of our business. You agree not to submit any content or communications that contain sensitive information or that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent, or otherwise harmful or inappropriate. We reserve the right, in our sole discretion, to block your access to our Site as a result of any such behaviour that we deem inappropriate.
By using our Site, you agree not to misuse or tamper with our Site, including but not limited to hacking, introducing viruses, trojans, worms, logic bombs or other technologically harmful material that would harm the functionality of, or jeopardize the security of our Site. We will immediately report any such breach or what we deem in our discretion to be harmful activities to the relevant law enforcement authorities. You agree to indemnify, defend and hold us harmless from any and all third-party claims, liability, damages and/or costs arising from your use and misuse of our Site and/or your breach of these Terms.
RETURNS AND REFUNDS
OPTION2 -FULL REFUND
We offer a full refund provided such return is made within 30 of days of the purchase with valid proof of purchase and provided such products are returned in their original condition. If you wish to request a refund and receive return instructions, please contact the store. Your refund will be credited back to you using the same payment method used to make your original purchase on our Site. Notwithstanding the foregoing, WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE, FINAL SALE OR NON-REFUNDABLE.
You agree to make every attempt to request a refund prior to attempting a chargeback with your financial institution or any third party payment processor we use to process payment on our Site. We reserve the right to present proof of your access and these Terms any third party investigating the dispute. We reserve the right to recover any of our of our costs and expenses, including legal fees, in the event we are successful in disputing any chargeback you initiate.
ASSUMPTION OF RISK, WARRANTIES, DISCLAIMERS AND LIMITATION OF LIABILITY
Assumption of Risk
Use of this Site is at your own risk. You understand and agree that use of our Site, its contents and purchase of any services, or items found or attained through this Site is at your own risk.
We do not manufacture or control any of the products offered on our Site. The availability of products or services through our Site does not indicate an affiliation with or endorsement of any product, service or manufacturer. Accordingly, we do not provide any conditions or warranties with respect to the products or services offered on our Site, however, the products offered on our Site may be covered by the manufacturer’s warranty as detailed in the products description on our Site and included with the product. To obtain warranty service for defective or faulty products, please follow the instructions included in the manufacturer’s warranty.
ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED ‘AS IS’ WITHOUT ANY WARRANTY OR CONDITION WHATSOEVER, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OR CONDITION; (A) OF MERCHANTABILITY; (B) OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
SOME JURISDICITIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER CONDITIONS AND WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
YOU EXPRESSLY ACKNOWLEDGE, AGREE AND CONFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES FOR ANY BREACH OF WARRANTY OR CONDITION CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER’S FAILURE TO HONOUR ITS WARRANTY OBLIGATIONS TO YOU.
Limitation of Liability
EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL COMPANY NOR, WHERE APPLICABLE, ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS (“COLLECTIVELY, THE “RELEASED PARTIES”) BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE, WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.
Release, Indemnity and Waiver
To the maximum extent permitted by applicable law, you agree to defend, indemnify release and hold harmless the Released Parties from and against any claims, liabilities, damages, judgements, awards, losses, costs, expenses or fees (including reasonable legal fees) arising out of or relating to your breach of these Terms or your use of our Site, including but not limited to any user submissions, third-party sites, any use of our Site’s content or materials, services and products other than as expressly set out in these Terms.
Third Party Disclaimer
You acknowledge and agree that we are not liable for any defamatory, offensive, or illegal conduct of any other third-party participant or user, including you.
We make reasonable efforts to provide you with modern, reliable technology, software, and platforms from which to access our Site. In the event of a technological failure, you accept and acknowledge that we are not in any way responsible or liable for said failure and any resulting damages to you or your business. While we will make reasonable efforts to support you, some technological issues are outside our control and you may need to access support from a third-party provider. We do not warrant that the Site will be functional, uninterrupted, correct, complete, appropriate, or error-free, that defects will be corrected, or that any part of the Site are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of our Site or related materials, or on third-party websites in terms of their correctness, accuracy, timeliness, reliability, or otherwise.
We may use affiliate links to sell certain products or services on our Site. In doing so, we disclaim any and all liability as a result of your purchase through one of the links, including but not limited to, the delivery, quality and safety of the purchased product or service. We will use reasonable efforts to notify you when and where we have placed affiliate links in addition to this disclaimer located in these Terms. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on our Site or related communications. You agree it is your obligation to read the terms and conditions for any affiliate site, services or products.
INTELLECTUAL PROPERTY AND OWNERSHIP OF RIGHTS
Ownership of Intellectual Property
You understand and agree that the Site and its entire contents, features, and functionality, including, but not limited to, all information, software, code, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, website layout, selection, and arrangement, are owned by us, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.
We take copyright infringement seriously. Our company name, trademark(s) (whether registered or not), our logo and all related names, product and service names, designs, images, and slogans are our trademarks. You must not use such marks without our prior written permission. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on our Site are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject you to legal action.
You may only use our Site for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, in any form or medium whatsoever except:
Users are not permitted to modify copies of any materials from this Site nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site. You must not access or use for any commercial purposes any part of our Site or any services or materials available through the Site
If you print off, copy, or download any part of our Site in breach of these Terms, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Site or to any content on our Site, and all rights not expressly granted are reserved by us. Any use of our Site not expressly permitted by these Terms is a breach of these Terms and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.
Any delay or failure of either Party to perform its obligations under this Agreement will be excused to the extent that the delay or failure was caused directly by an event beyond such Party's control, without such Party's fault or negligence and that was unforeseeable or unavoidable (which events may include natural disasters, epidemics, pandemics, embargoes, explosions, riots, wars, or acts of terrorism) (each, a "Force Majeure Event"). The party relying on this clause will give the other party written notice as soon as possible of any event or circumstance that is reasonably likely to result in a Force Majeure Event, and the anticipated duration of such Force Majeure Event. The party relying on this clause (the “Affected Party”) will use all diligent efforts to mitigate and end the Force Majeure Event, ensure that the effects of any Force Majeure Event are minimized and resume full performance under this Agreement. During the Force Majeure Event, the non-affected Party may similarly suspend its performance obligations until such time as the Affected Party resumes performance. The non-affected Party may terminate this Agreement if such failure or delay continues for a period of 180 consecutive days or more and, if the non-affected Party is Company, receive a refund of any amounts paid to the Influencer in advance for the affected services.
Termination of Your Use
If at any time we believe that you have violated these Terms, we shall immediately terminate your use of our Site and any related communications as we deem appropriate and in our sole discretion. At any time, we may block or revoke your access of our Site at any time without notice, and if necessary, block your IP address from further visits to our Site.
Governing Law and Jurisdiction
If any of the provisions of these Terms are found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not, to the extent permitted by law, in any way be affected and will remain enforceable.
You may not assign any of your rights or obligations under these Terms without our prior written consent.
We may provide any notice to you under these Terms by (i) sending you a message to the email you provide to us and consent to us using; or (ii) by posting to our Site. Notices sent by email will be effective when we send the email, and notices we provide by posting will become effective upon posting. It is your responsibility to keep your email address up-to-date.
If you need to provide us notice under these Terms, you can do so by sending it to email@example.com or by personal delivery via registered mail to: 8263 Waneta Hwy #22aTrail, BC V1R 4W4. Notices provided to us by will be effective when it is sent. Notices sent by registered mail will be effective three business days after they are sent.
All Rights Reserved
If you have any questions about these Terms, please send an email to: firstname.lastname@example.org